Our Allies' Sharing Of Our Freedom And The Respect For Law

The Pakistan Law and Justice Ministry Tuesday announced the formal forced retirement from the Pakistan Supreme Court and other high courts of 37 judges, including ousted Chief Justice Iftikhar Mohammad Chaudhry [JURIST news archive], who was replaced immediately after President Pervez Musharraf's November 3 imposition of emergency rule. Acting Law Secretary Malik Hakim Khan cited the judges' refusal to take oaths under the Provisional Constitution Order (PCO) [text as amended] as the reason the government moved against them, denying them of pensions and other usual benefits. Many of the deposed judges were also told to vacate their official residences, as the homes have now been allotted to newly appointed PCO judges [News report]. In response to the latest announcement, members of the Islamabad Bar Association staged a protest [Reuters report] against Musharraf Wednesday, saying that they will work only half-days until he reinstates the ousted judges.

Musharraf dismissed 14 Supreme Court judges, including Chaudhry, in the wake of his declaration of a state of emergency [JURIST report], replacing them with lower court judges more loyal to the president. Provincial high courts were also purged. Last week, Musharraf pledged to end emergency rule and reinstate the suspended constitution on December 16, but officials said he would not reinstate the ousted justices [JURIST report]. The United Nations and some US lawmakers have called for the reinstatement of an independent judiciary [JURIST report] in Pakistan, but press reports have quoted Western diplomats as saying that this is not the official stance of some Western governments that agree with Musharraf that the Chaudhry-led Supreme Court was meddling in Pakistani politics.

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In sharp contrast to the nationwide demand for restoration of all superior judges who were deposed for denying a fresh oath under Provisional Constitutional Order (PCO), the Law And Justice Ministry on Tuesday notified retirement of 37 such judges of the Supreme Court and high courts.
Those who have been shown the door at the peak of their service in judiciary included deposed Chief Justice Iftikhar Muhammad Chaudhry, Justice Rana Bhagwandas, Justice Javed Iqbal, Justice Khalil-ur-Rehman Ramday besides nine other judges of the apex court.
More than 50 judges of superior courts, including the then Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry and Chief Justices of Peshawar and Sindh High Courts Justice Tariq Pervez and Justice Syed Sabih ud Din Ahmed had refused to take oath under the new PCO issued immediately after imposition of emergency in the country on November 3.
Another 24 judges of Sindh, Lahore and Peshawar High Courts were also retired from their offices under a separate official notification, official sources said.
These include 12 judges of Sindh High Court, 10 judges of Lahore High Court and another two judges of Peshawar High Court, the sources further added.
These judges have been thrown out of the service at a time when the almost all the leading political parties, civil society, lawyer community and several foreign countries, including the US, were strongly demanding their reinstatement.
Official sources said all these retired judges will be deprived of pension and other benefits as being terminated from service.
Acting Law Secretary Malik Hakim Khan has confirmed the development, saying, these judges were retired after they refused to take oath under PCO as per their own will. Law Secretary Justice (Retd) Muhammad Raza is presently on leave for performing Haj.
Acting Law Minister Afzal Haider has also confirmed the notification for retirement of superior judges.
Former Chief Justice Iftikhar Muhammad Chaudhry, Justice Rana Bhagwandas, Justice Javed Iqbal, Justice Falak Sher, Justice Sardar Muhammad Raza Khan, Justice Mian Shakir Ullah Jan, Justice Khalil-ur-Rehman Ramday, Justice Tassaduq Hussain Jillani, Justice Nasir ul Mulk, Justice Chaudhry Ejaz Ahmed, Justice Raja Fayyaz, Justice Syed Jamshed Ali and Justice Ghulam Rabbani are among those who have been notified retired, the Acting Secretary Law confirmed.
According to a separate notification, 24 judges of Sindh, Lahore and Peshawar High Court were also retired from services.
Justice Rehmat Hussain Jafri, Justice Arif Hussain Khilji, Justice Ameer Hani Muslim, Justice Gulzar Ahmed, Justice Maqbool Baqir, Justice Athar Saeed, Justice Faisal Arab, Justice Sajjad Ali Shah, Justice Zafar Khan Sherwani, Justice Salman Ansari, Justice Abdul Rasheed and Justice Arshad Sheraz of Sindh High Court are among the causalities.
Similarly, Justice Khawaja Muhammad Sharif, Justice Saqib Nisar, Justice Asif Khosa, Justice Ayaz Chaudhry, Justice Shahid Siddiqui, Justice Jhangir Akhtar, Justice Iqbal Farid-ur-Rehman, Justice Umar Atta Bindial, Justice Sheikh Azmat Syed and Justice Siar Ali Shah are among those retired from the Lahore High Court.
Justice Ijaz Afzal and Justice Dost Muhammad Khan have been retired from Peshawar High Court under the notification.
Chief Justices of Sindh and Peshawar High Courts were already removed from their offices for refusing to take oath under the PCO.
The services of retired judges have been terminated from the date they refused a fresh oath under the PCO No 1 of 2007, the sources added.
Under the PCO oath, a judge was required to pledge allegiance to President Musharraf.
Out of 17 apex court judges, only four, Justice Abdul Hameed Dogar, Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokhar and Justice Saiyed Saeed Ashhad opted to take oath under PCO in wake of November 3 events.
Meanwhile, sources have also revealed that the official accommodations of the recently retired apex court judges were also allotted to their newly appointed judges in the apex court.
The former have been asked to vacate their official lodging as being ousted from service.
Meanwhile, talking to TheNation, Attorney-General Malik Qayyum said that the government is willing to give retirement benefits to these judges. But only those judges would be entertained who would consider them as retired, he added.

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