Rift in LHC judges over fresh oath offer

LAHORE - The Federal Government has formally contacted deposed judges of the Lahore High Court to seek their consent for reinstatement to their November 2 position if they are ready to take fresh oath under the Constitution, sources said.

The move has also created a rift among the judges as most of them are insisting on acceptance of fresh oath condition while others are sticking to the stance that the govt has laid a trap for them. Though the deposed judges are consulting each other on new development but it is impossible that they will come out with a consensus decision.

The sources said the govt changed its plan at the last moment to reinstate the judges through a Presidential order because PPP legal eagles had suggested that there were some complications involved in it.

This move has pushed deposed judges in a complex situation because the lawyers are not in favour of taking fresh oath. The sources said the deposed judges who are not ready to take fresh oath have apprehensions that despite govt's assurance that their seniority would not be disturbed, sword of litigation would keep hanging over their heads.

They said that possibility is that one of the PCO judges could move a petition in Supreme Court seeking resolution of seniority issue on the plea that after taking fresh oath deposed judges should be declared junior to them.

One of the deposed judges confirmed that it had become harder in the present scenario to develop consensus among the deposed judges.

He hinted that five deposed judges including Justice Mian Saqib Nisar and Justice Asif Saeed Khan Khosa might give their contest to take fresh oath.

When contacted Justice MA Shahid Siddiqui said he would not even think of taking oath without Justice Iftikhar Muhammad Chaudhry.

However, the sources said that Justice Khawaja Muhammad Sharif and Justice Siddiqui have not been contacted while Justice Sair Ali is not willing to accept reinstatement owing to his retirement in a couple of months. Justice Iqbal Hameed ur Rehman is also not ready at the moment but he might change his mind at a later stage.

A deposed judge said he is ready to take oath while the other said they are making endeavour to find a honourable solution for deposed judges to go back to their jobs.

In a relevant development, the deposed judges have alleged that govt has withheld their salaries for the month of July. Justice Khawaja Sharif said that the govt had made this move after judges refused to take fresh oath. Justice Saqib also confirmed that he had not received July salary so far.

Justice Siddiqui said it is a pressure tactic from the govt but he would not bow before their whims.