Justice Falak Sher retires

LAHORE - Deposed judge of the Supreme Court, Justice Falak Sher retired on Sunday on attaining age of superannuiation under the Constitution, becoming the second SC judge who retired after their removal on November 3,2007. Justice Rana Baghwandas being the first.    With his retirement the number of deposed judges of the SC has decreased to five. Following Nov 3,2007 PCO, 12 judges of the SC had refused to take oath. Later, accepting PPP govt's offer of reappointment, five of them took fresh oath. As already mentioned Justice Baghwandas already retired on December 2007 while Justice Ghulam Rabbani was an adhoc judge whose tenure had expired. Justice Iftikhar Muhammad Chaudhry, Justice Javed Iqbal, Justice Khalil ur Rehman Ramday, Justice Raja Fayyaz Ahmed and Justice Chaudhry Ijaz Ahmed are the remaining deposed judges of SC. Justice Falak Sher was born in Hafizabad district Gujranwala on September 23, 1943. After obtaining LLB degree in 1966 from University Law College, Lahore, he joined legal profession as an advocate the same year. He also did Barrister-at-Law in 1972 from GRAY'S INN London. He was appointed as a judge of the Lahore High Court on March 11, 1987. He became LHC CJ on July 14, 2000 where he worked till September 6,2002 before being promoted as judge of the Supreme Court. Justice Falak Sher was at ninth number on the seniority list at time of November 3 PCO but he had always considered himself the senior most. He had also moved an application to the President taking stand that seniority of a judge should be counted from the date of his joining the judicial service, and at the time of his appointment in the Supreme Court, his seniority as the High Court judge should not be ignored. Justice Falak Sher was appointed as High Court judge in 1987. According to judicial seniority, deposed Chief Justice Iftikhar Muhammad Chaudhry, deposed Justice Rana Bhagwandas, deposed Justice Javed Iqbal and serving CJ Abdul Hamid Dogar are 7 years junior to Justice Falak Sher, while serving Justice Faqir Mohammad Khokhar is 9 years junior to him. But they all were senior to him. Despite this fact, Falak Sher rejected to accept government's offer to become CJP during judicial crisis. He was of the view that the judges taken in the Supreme Court from Balochistan, Sindh and NWFP had become senior to the judges taken from Punjab. For example, Justice Iftikhar Muhammad Chaudhry was appointed as Balochistan High Court judge in 1996, but because of his early elevation to the SC, the judges who were appointed in the Lahore High Court in 1987, 1988 became junior to him in the Supreme Court. Falak Sher also ruled that General Musharraf was not qualified to contest presidential election in uniform that eventually became the main cause of his removal along with other judges under PCO.   Talking to the Nation, Justice Falak Sher said he had done nothing exceptional because what he did was the call of his conscience. He said the struggle for establishment of rule of law would bear fruit soon.

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