A civilian PCO for reinstatement

The Sindh High Court has a new chief justice, Anwar Zahir Jamali. Ex-CJ Sabihuddin Ahmed had found an honourable course of resigning midway in disgust instead of being reviled day in and day out by PPP and its new found-love MQM as representing the judiciary that too had taken oath under the PCO and did not provide justice to Asif or the PPP activists. Other ex-chief justices including CJ Iftikhar Chaudhry would meet the same fate.

Law Minister Farooq Naek who, together with the likes of Khosas, Babar Awans and Pirzadas, had successfully blocked their restoration for six months, says present chief justices including Abdul Hameed Dogar are legitimate heads of their respective courts. Firstly they have also taken oath under the constitution. Secondly, the Justice Dogar heading the Supreme Court had ruled that his and other judges’ elevation under the PCO was constitutional in keeping with the doctrine of necessity.

“There could be only one chief justice. If Iftikhar Chaudhry is reinstalled, it will create a constitutional crisis,” says Naek.

Attorney-General Latif Khosa has candidly admitted (what is a universal perception) that Zardari does not want Justice Chaudhry back. For six months, it was Zardari and not the military dictator who stood between the restoration of judges ignoring immense public pressure. What the General could not have survived, Mr. Zardari was able to absorb successfully because, first;  he had a popular party behind him and second, the democratic forces leading the judges’ movement did not want to be seen as destabilizing the new nascent and fragile democratic order.

Zardari had once said he would restore judges but would choose his own timing and method. It was a commitment neither written nor signed.