Deposed judges face terrible dilemma

LAHORE - Deposed judges of the Lahore High Court are in a terrible dilemma whether to accept or reject their five months withheld salaries that are being released from the discretionary fund of Prime Minister Yousaf Raza Gilani as the government did in case of Sindh High Court's deposed judges. It has been learnt that the cheque have been prepared that could be delivered to LHC deposed judges by any time while the judges are reluctant to answer any query in this regard saying they have not yet made up their minds. Most of the judges are of the view that they cannot express their minds unless they are intimated as to what mode the government is going to adopt to pay them the salaries. It is pertinent to mention that the deposed judges of the Sindh High Court had accepted their salaries released from the PM's fund. In normal course of affairs the salaries are released by the law ministry. Justice Khawaja Muhammad Sharif who is likely to become Chief Justice of LHC after his reinstatement, said he had no information regarding release of his salary. It will be decided on time, he said, responding to a query whether he will accept his salary from the PM's discretionary fund or not. Another 'deposed' judge of LHC, Justice Asif Saeed Khan Khosa also expressed the same views saying he was not in a position right now whether he would accept or reject the salaries being released from the PM's discretionary fund. However, Justice MA Shahid Siddiqi, who also refused to take oath under Nov-3 PCO, categorically termed the salaries received by the 'deposed' judges of Sindh High Court as charity. He maintained that he would not receive such an aid and would only draw his salary if it was provided by the high court as per the rules and his entitlement. To draw salary is the right of every 'deposed' judge as they are still serving judges, Justice Shahid said. The lawyers have also lambasted government for paying judges' salaries from the PM's discretionary fund terming it unacceptable. Secretary Lahore High Court Bar Association, Rana Asadullah Khan said the 'deposed' judges should not accept this offer as it was not their entitled salary but only a kind of alms. He said the judges should be paid their rightful salaries as they were still judges of their courts. Commenting on the issue, media advisor Supreme Court Bar Association Azhar Siddiqui said that the government was paying the salaries to 'deposed' judges under Malik Qayyum's formula. He said it was Malik Qayyum who advised law minister Farooq H Naek that if the government paid salaries to deposed judges in a prescribed way that would amount to their reinstatement. He said releasing the salaries from PM's discretionary fund amounted to dishonouring the 'deposed' judges. If the government wants to bring the judges back, they should be paid from the relevant account of government.  He said such shameful mode of payment will not be accepted by legal fraternity.

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