(DRAFT RESOLUTION by Justice(R) Fakhruddin G Ebrahim for the Restoration of Genuine Judiciary )
THE NATIONAL ASSEMBLY OF PAKISTAN
WHEREAS, We the elected representatives of the people of the Islamic Republic of Pakistan acknowledge and honor the long and arduous struggle for the return to democracy and rule of law by the legal fraternity, civil society and the ordinary citizens of our beloved country.
AND WHEREAS, We pay tribute to Shaheed Mohtarma Benazir Bhutto and thousands of brave political activists across the country who made the ultimate sacrifice and laid down their lives or suffered imprisonment for the cause of restoration of parliamentary democracy and the rule of law in Pakistan. We shall not let their sacrifices go in vain.
AND WHEREAS, this Assembly is mindful that the foundation of democracy cannot survive without a return to the rule of law. We are mindful, that the rule of law cannot survive the rule of the gun unless we have an independent judiciary. And, we are cognizant that we shall never have an independent judiciary if the Judges of the Superior Court’s of this country are imprisoned at the whims of a lone individual.
AND WHEREAS, we as Members of the National Assembly have taken oath to “preserve, protect and defend the Constitution of the Islamic Republic of Pakistan” and we shall not waiver from this oath.
AND WHEREAS, Article 209(7) of the Constitution provides in no uncertain terms that “A Judge of the Supreme Court of or of a High Court shall not be removed from office except as provided in this article.” Therefore, as opined unanimously by leading former Chief Justices and Judges of the Supreme Court of Pakistan, the actions of 3rd November 2007, seeking to remove and restrain the Chief Justices and Judges of the Supreme Court of Pakistan and the Provincial High Courts is void ab initio and has no sanctity in law.
WE, THEREFORE, bound by our Constitutional Oath and the mandate given by the people of Pakistan on February 18, 2008 do hereby RESOLVE and call upon the Federal Government to remove all illegal restrictions placed on the Chief Justices and Judges of the Supreme Court of Pakistan and the provincial High Courts on and after 3rd November 2007 with immediate effect.
History shall not forgive those, who even now, may seek to obstruct the irreversible path to constitutional rule in our great country.
THEREFORE, WE FURTHER RESOLVE, and call upon the Federal Government to perform its obligation under Article 190 of the Constitution and act in aid of the Chief Justices and the Judges of the Supreme Court of Pakistan and the Provincial High Courts who were illegally restrained on and after 3rd November 2007 so that they may resume their Judicial functions in accordance with the provisions of the Constitution.
(Emergency mailing list)
Chief Justice Pakistan Iftikhar Muhammad Chaudhary Released after months of illegal detention from 3rd November 2007 by the dictator’s government.
The newly elected Prime Minister, Yousuf Raza Gillani issues his first order as PM of the release of all the judges who refused to surrender in front of the dictator.
The genuine CJ of Pakistan Iftikhar Chaudhary thanked the society (while addressing a large number of members of civil society, lawyers community and political parties) of their great support for him and all the deposed judges and showed his expectation that they will also support them in future.
The SC bar president, Aitzaz Ahsan congratulated the civil society,lawyers and the political parties who supported the movement and showed the commitment to the cause and also he said that the main task is still ahead and that is the freedom of the judicial system and re-instating of the judiciary.
The decision is a real set back for the dictator Musharraf and his rule who made probably the biggest blunder in the history of Pakistan by illegally deposing the judiciary and committed high treason by first suspending and then illegally amending the constitution of Islamic Republic of Pakistan.
Muslims and all the sensible people must get unite to stop this cartoon madness by enemies of peace.
Since September 2005 a deliberate attempt is being made to make the world move towards the satanic philosophy by Zionists in Europe and all over the world i.e. the clash of civilization.
The issue resulted in a row of anger and finally was settled after the EU apology to the Muslims during 2005 and 2006 is now ignited again by the enemies of peace again who are planning for a global war to fulfill there evil agendas.
They take support, from the advocates of unethical freedom of speech and expression but when it comes to criticizing or even questioning the Holocaust and the authenticity provided to the world (many still believe it was a drama to gain sympathy and achieving the Zionist agenda nevertheless I don’t give a damn to that but unfortunately the punishment is given to those who were not involved i.e. Palestinians).
The time has come for the people who believe in justice and peace and specially the Muslim rulers to end there dead attitude must take some practical measures to stop this non-sense otherwise the consequences will be unbearable.
The time has come to expose the real terrorists (who are also behind the cartoons episode of expressional terrorism).
Malik Qayum accepts Musharraf Actions were not according to the constitution–>Aitzaz out-classed Qayum in the live debate
In a live debate on 19 March 2008,with Supreme Court bar president and a well
respected lawyer of Pakistan (Chaudhary Aitzaz Ahsan) ,
the attorney general of Pakistan Malik Qayum accepts that the actions taken by Musharraf (at that time the Army Chief
of Pakistan) were “not according to the constitution” (but even after saying that he was committed with his stated position that they were not “un-constitutional”).
The puzzled and confused attorney general in the heat of the debate on several occassions changed his position on many
issues including the arrest of
Chief Justice of Pakistan Iftikhar Muhammad Chaudhary, the current constitution and PCO of November 3 2007, the illegal dismissal of the judges and also he had to admit that the parliament can take the issue of Iftikhar Muhammad Chaudhary and the current SC of Dogar cannot legally stop it.
In the debate while talking on the use of article 190 (which obligates all the executives to come in aid of the Supreme Court),
Aitzaz Ahsan said if this article is in consideration for the use then the executives must have to act in aid of the Supreme
ruling by Seven Member Bench headed by CJP Iftikhar on 3rd Novemebr 2007 according to which the PCO and
illegal and actions taken by Musharraf were illegal as well.
Meanwhile in an address to the lawyers in Hari Pur , the SC bar president expressed his stance on
the current judicial crisis and warned
the President and his Attorney General that if they create hurdles in the way of restoration of the judiciary and the judiciary was not restored after the 30 day deadline then a long march from all parts of Pakistan will start and will go the the Army house Rawalpindi(still used by Musharraf).
The SC bar president was well received by the citizens and lawyers of Hari Pur.
Assalam o alaikum
May Allah give peace to the departed soul of Ikram ullah Khan Niazi (Father of Imran Khan) and give patience to the family members.
We sent our heartiest condolence on his father’s sad demise to Imran Khan and his family.