Eight deposed SHC judges stage return

KARACHI - Eight deposed judges of Sindh High Court (SHC), including new Chief Justice Anwer Zaheer Jamali, took fresh oath while the number of judges of the said court has also been increased and the notification issued in this regard, The Nation has learnt here on Wednesday.

The law ministry has issued notification for the appointment of the new Chief Justice and reappointment of eight deposed judges, who took oath during a ceremony held at the Governor's House.

Governor Sindh Dr. Ishartul Ibad administered the oath to the new SHC Chief Justice, who administered the oath to the rest of deposed judges.

The judges, who were reappointed, included Justice Khilji Arif Hussain, Justice Ameer Hani Muslim, Justice Zafar Ahmad Khan Sherwani, Justice Sajjad Ali Shah, Justice Salman Ansari, Justice Faisal Arab and Justice Abdul Rashid Kolhoro.

Meanwhile, the law ministry also issued the notification to raise the number of judges from 28 to 40, appointment of the new Chief Justice of SHC and restoration of eight deposed judges.

On the other side, President Sindh High Court Bar Association (SHCBA), Rasheed A Rizvi, has said that despite the latest development, the legal fraternity would continue its movement for the reinstatement of Chief Justice Iftikhar Chaudhry and other deposed judges.

He termed the fresh oath of SHC judges as a gloomy breakthrough but emphasised that the lawyers' movement would not stop until the reinstatement of all the deposed judges.

Agencies add: After the issuance of the notification regarding reinstatement of eight deposed judges of the Sindh High Court (SHC), these judges took oath at Governor's House. Former President Pervez Musharraf had signed the summary for their appointment.

Acting Chief Justice Azizullah Memon took oath from Justice Anwar Zahir Jamali as Judge of the Sindh High Court.

On the occasion Chief Secretary Fazlur Rehman read out an order of the President regarding the appointment of the judges.

The oath-taking ceremony was attended among others by Chief Minister Syed Qaim Ali Shah, Speaker Sindh Assembly Nisar Ahmed Khuhro, provincial ministers, SHC judges and senior officials.

The decision to reappoint judges came two days after former prime minister Nawaz Sharif quit the government over differences with leading coalition partner Asif Ali Zardari over the issue of the sackings, which set off months of political turmoil.

Law Secretary Agha Rafiq told BBC that the deposed judges had been reappointed after their consent. "This offer is for all judges and it does not involve any 'minus one' formula."

He maintained "All judges will be reinstated soon. If someone is not interested he will not be forced. Only those will be restored who are willing."

According to the Law Secretary, the judges had been restored as per November 2 seniority. The total number of SHC judges has now become 26.

The remaining deposed SHC judges are Chief Justice Sabihuddin, Justice Sarmad Jalal Usmani, Justice Musheer Alam, Justice Maqbool Baqar, Justice Gulzar Ahmad and Justice Arshad Siraj Memon. Justice Rahmad Hussain Jaferi was retired.

Deposed SHC CJ Justice Sabih said he was also offered reappointment but he declined it because there was no national consensus about it.

Responding to a question, he said he had no objection about his colleagues' reinstatement because some judges were in favour of the oath and some opposed it.

He said the collective stance was that one person cannot abrogate the Constitution and their sacking was unconstitutional. "This issue is still there. The new oath is as per the Constitution but the sackings were unconstitutional," he added.

The legal community described the move as a 'conspiracy' to harm their demands for the restoration of all judges, including independent-minded chief justice Iftikhar Muhammad Chaudhry.

Talking to BBC, deposed Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry's spokesman Athar Minnallah regretted the reappointment of eight judges but maintained that the lawyers movement will gain more momentum now.

SHC Bar Association President Rasheed Rizvi described the move as a 'conspiracy by the government'. "The is not good for the lawyers movement," he added.

"Eight former judges of the Sindh High Court took oath today," provincial law secretary Agha Rafiq told reporters in Karachi.

They have not been reinstated but freshly appointed, he said, a technicality that allows the government to hold off on any change to the status of the sacked judges.

"This is a conspiracy aimed at dividing the judges and lawyers," Karachi bar council leader Rashid Razvi said.

The judges had previously refused offers to return to their jobs, insisting on reinstatement of all including chief justice Iftikhar Chaudhry.

"We are deeply sad and disappointed," said Aitzaz Ahsan, the president of the Supreme Court Bar Association and a leader of the lawyers' movement. He said the eight who took office "gave up when our victory was in sight."

Meanwhile, Supreme Court Bar Association (SCBA) President Aitzaz Ahsan has deplored the fresh oath taken by eight deposed judges of Sindh High Court, saying that the judges have accepted their removal constitutional by taking fresh oath.

Talking to mediamen, he said the revolution started by legal fraternity would be continued till reinstatement of deposed Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry. The steps taken by former President Pervez Musharraf on November 3 last year were illegal and unconstitutional, he reiterated.

The movement of legal fraternity would be intensified in upcoming days due to oath taking of by eight SHC judges, he said. The lawyers have rendered enormous sacrifices for the reinstatement of deposed judges, he said, adding that they were burnt alive in Karachi but the deposed judges who took fresh oath have disappointed them. SHC judges have also accepted the illegal and unconstitutional steps of November 3 by taking fresh oath, Aitzaz maintained. He made it clear that deposed Iftikhar Chaudhry would stand on his principle even if he was left alone. Efforts are being made to reinstate deposed judges instead of CJP, he said.