Justice Ch 'No' turned tables on Musharraf: Wajih
Source: OUR STAFF REPORTER August 20, 2008 LAHORE - While demanding immediate restoration of the deposed judges, lawyers have discarded the mode of presidential ordinance for their reinstatement as well as any minus-one or minus-two formula which the PPP government is mulling to keep Justice Iftikhar Muhammad Chaudhry out.
At the seminar held by Judicial Activism Panel under the chairman of former Justice of Supreme Court Wajihuddin Ahmad, at the Lahore High Court Bar here Tuesday, speakers unequivocally rejected any other mode except restoration of judges through an executive order which had to come through the president not as a necessity but a formality to keep the sovereignty of the government up.
Justice Wajihuddin in his hard-hitting speech warned the government against bringing any ordinance for the judges restoration saying it would be a sword on them as the ordinance would lapse after 120 days and there would be no surety whether or not it would be enacted. He said the Ordinance is a legislation which means, the government is conceding to the PCO of November 3 and actions taken subsequent to that when the fact that they all were patently illegal, unconstitutional and without any lawful authority. He said any law on restoration of judges would fetch very serious ramifications and the best way is executive order, which, however, has to be only a formality to keep the government at upper hand. He said the whole nation wanted restoration and if the judges announced a timeframe for their return to the office, the people carrying them on shoulders would lead to them to their seats. He said lawyers struggle would not come to an end at restoration of judges but till the country has a system of justice which fairly and squarely punishes the offender and rewards the innocent.
Justice Wajih said lawyers were ready to observe silence over the retention of PCO judges but only those who were holding the office on November 2 while the rest must go back to their original position for the reason, they were brought in by Musharraf so they too need to go with him. The former judge said it were not the suo moto notices which irritated Musharraf but the fact that he had to contest the presidential elections and wanted to have a subdued judiciary which in case of his candidature matter before the court, does not pass an unfavourable decision. But a ‘nay’ of Justice iftikhar Muhammad Chaudhry turned the tables on Musharraf and ultimately brought about his downfall. And the subsequent movement by the lawyers not only imparted awareness to the masses and united them under one banner but also factored a big change in the political horizon of the country where exiled leaders were allowed to come back and their parties through elections provided a solid democratic base to the country. He said from November 3 to December 15 Musharraf took a lot of unconstitutional steps need to be struck down.
The ex-judge also rejected the constitutional package terming it a reflection of the mind of law minister which, he added, is not beyond that of a civil judge’s. He said judiciary in Pakistan would become non-existent if the package is carried through. He rejected the package and called for restoration of judges through an executive order and also extension in the length of service of those deposed judges, who retired after November 3, matching with the duration they remained out of office on account of PCO.
Former president SCBA Hamid Khan, President LHCBA Anwar Kamal, Member Pakistan Bar Council Hafiz Abdul Rahman Ansari, former president LHCBA Ahmad Awais, secretary SCBA Amin Javed Chaudhry, former secretary SCBA Zulfiqar Ali Bokhari and chairman of the panel Muhammad Azhar Siddique were the other speakers at the seminar.
Hamid Khan laid stress on trying Musharraf for high treason as he did very grave crimes to the nation. He vowed to bring Musharraf back and take him to task even if he would leave the country or the rulers would avoid taking action against him. He said not only Musharraf but also every other who abetted his crimes, must be brought to book if the country needs to put the judicial system on the true lines of right and wrong. He also discarded stay of PCO judges with the deposed judges in the judiciary and said, such a move would amount to blending the right with the wrong which can never happen.