ISLAMABAD – A 17-member bench of the Supreme Court was constituted on late Thursday night to hear the case of withdrawing the notification/executive order, dated March 16, 2009, regarding restoration of the Chief Justice of Pakistan, other judges of the Supreme Court of Pakistan and chief justices/judges of the High Courts.
Prime Minister Yousuf Raza Gilani on March 16, 2009 had issued the order for the restoration of the Chief Justice of Pakistan, other judges of the Supreme Court of Pakistan and chief justices/judges of the High Courts.
Notice has been issued to Attorney General of Pakistan. All the 17 judges of the Supreme Court including Chief Justice Iftikhar Muhammad Chaudhry held an important meeting here at the Supreme Court premises on late Thursday night.
Some sources say that Justice Javed Iqbal was not present which was vehemently denied by the Supreme Court official. They said all the judges participated in the meeting.
Some private TV channel on Thursday alleged that the Government was considering to withdraw the notification/executive order dated March 16, 2009 of restoration of the Chief Justice of Pakistan, other judges of the Supreme Court of Pakistan and chief justices/judges of the High Courts. Some newspapers have already reported this issue as well. Earlier on, a few months ago, a similar statement was made by one of the high constitutional office holders in the Parliament.
As the news item was flashed by other TV channels, some channels have also telecast denial on Thursday (14.10.2010) from the Government, saying that there was no truth behind the said news.
PM Gilani said that he had taken notice of the issue of withdrawal of notification of judgesÂ’ restoration and such news could widen gulf between the Government and the Judiciary.
Terming the reports of media as baseless, the PM said that the Government respected constitutional institutions and PPP always respected the judiciary and gave sacrifices for its independence. He said that every conspiracy against the Government and Judiciary would be foiled. Elements behind this conspiracy want to destabilise the country but they cannot be succeeded, he added.
It may be clarified that the issue of restoration of judges through notification has already been conclusively settled by the Supreme Court of Pakistan in its judgement dated July 31, 2009 in the case of Sindh High Court Bar Association versus Federation of Pakistan (PLD 2009 SC 879) that: “The Proclamation of Emergency issued by General Pervez Musharraf as the Chief of Army Staff (as he then was) on November 3, 2007; the Provisional Constitution Order No. 1 of 2007 issued by him on the same date in his said capacity; the Oath of Office (Judges) Order of 2007 issued by him also on the same date though as the President of Pakistan but in exercise of powers under the aforesaid Proclamation of Emergency and the Provisional Constitution Order No. 1 of 2007; The Provisional Constitution (Amendment) Order, 2007 issued by him like-wise on 15.11.2007; the Constitution (Amendment) Order, 2007 being President’s Order No. 5 of 2007 issued on November 20, 2007; the Constitution (Second Amendment) Order, 2007 being the President’s Order No. 6 of 2007 issued on 14th December, 2007; the Islamabad High Court (Establishment) Order 2007 dated 14th December 2007 being the President’s Order No. 7 of 2007; the High Court Judges (Pensionary Benefits) Order, 2007 being President’s Order No. 8 of 2007; the Supreme Court Judges (Pensionary Benefits) Order, 2007 being President’s Order No. 9 of 2007 dated 14th December, 2007 are hereby declared to be unconstitutional, ultra vires of the Constitution and consequently being illegal and of no legal effect.
As a consequence thereof, the Chief Justice of Pakistan; the judges of the Supreme Court of Pakistan; any Chief Justice of any of the High Courts and the Judges of the High Courts who were declared to have ceased to hold their respective offices in pursuance of the aforementioned alleged judgements or any other such judgement and on account of the instruments mentioned in Para
21 above, shall be deemed never to have ceased to be such Judges, irrespective of any notification issued regarding their reappointment or restoration.”
It may be stated that the issue of appointment or removal of judges is clearly prescribed by the Constitution of Pakistan, which has been elaborated through successive verdicts of the Supreme Court. The Supreme Court has held time and again that a judge of the superior judiciary may not be removed except on the grounds and as per procedure laid down in Article 209 of the Constitution.