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Old Saturday, August 01, 2009
Viceroy Viceroy is offline
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Default 88 justices sent packing

88 justices sent packing

LAHORE - As a result of Supreme Court’s historical judgment on Friday, six judges of the apex court would cease to hold offices, five would go back to their respective high courts and matter of three judges would be referred to Supreme Judicial Council (SJC).

Supreme Court of Pakistan has also sent 34 judges of the Lahore High Court (LHC) home who had either taken oath under the PCO or were appointed with the consultation of Abdul Hameed Dogar as the chief justice, while the fate of 14 judges would be decided by the SJC, bringing the number of LHC judges to 22.

But all the 14 judges who passed the judgement would remain safe and sound as none of them is carrying the stigma of PCO or appointee of Justice Dogar.
They include Chief Justice Iftikhar Muhammad Chaudhry, Justice Javed Iqbal, Justice Sardar Muhammad Raza Khan, Justice Khalil-ur-Rehman Ramday, Justice Mian Shakir ullah Jan, Justice Tasadduq Hussain Jilani, Justice Nasir-ul-Mulk, Justice Raja Fayyaz Ahmed, Justice Ch Ijaz Ahmed, Justice Ghulam Rabbani, Justice Sarmad Jalal Usmani, Justice Muhammad Sair Ali, Justice Mahmood Akhtar Shahid Siddiqui and Justice Jawwad S Khawaja.

Before November 3 PCO, the number of SC judges was fixed at 17 but the PP-led coalition government had increased the number to 29 through a finance bill but the Supreme Court have also declared it as illegal.

Interestingly, four out of these 14 judges had also taken oath from Justice Abdul Hameed Dogar after accepting government’s offer of fresh appointment. They include Justice Mian Shakir ullah Jan, Justice Tasadduq Hussain Jilani, Justice Sardar Muhammad Raza Khan and Justice Nasir-ul-Mulk.

But after Justice Iftikhar’s reinstatement, these re-appointed judges were restored to pre-3rd November, 2007, position through a notification issued on June 4 to remove constitutional hurdle that would have blocked their way as a result of this judgement.

This notification was issued on the recommendation of the CJP Justice Iftikhar that put them at par with other judges who were restored along with Justice Iftikhar on March 17.

Justice Faqir Muhammad Khokhar and Justice M Javed Buttar would also remain in the SC but their cases would be referred to SJC for violating the seven-member bench judgement. Justice Sayed Zahid Hussain had taken PCO oath as a judge of the Lahore High Court and later was made chief justice LHC. He was promoted to the SC on the recommendation of CJP Iftikhar; therefore, he would continue working, as an apex court judge but his matter would also be sent to the SJC for taking PCO oath.

From 11 remaining judges six would cease to hold offices immediately because they had attained superannuation (62 years in case of a high court judge) and could not be sent back to their respective high courts as working judges. They are: Justice Ijaz-ul-Hassan, M Qaim Jan Khan, Justice Sheikh Hakim Ali, Justice M Farrukh Mahmud, Justice Sardar Muhammad Aslam and Justice Hamid Farooq.

Source
http://www.nation.com.pk/pakistan-ne...s-sent-packing
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