Faisalabad: Constitutional and genuine Chief Justice of Pakistan has said that those who violated the 3rd November 2007 SC order will be punished.
While addressing the lawyers convention in Faisalabad CJP Iftikhar said its time for lawyers,civil society, political workers and the whole nation to decide which type of judiciary they want whether independent pre-3rd November or post-3rd November(unconstitutional and PCO whcih surrendered infront of the dictator) judiciary.
He said the demand for the restoration of the judiciary is in accordance with the SC decision of 3rd November 2007 and that the decisions in the future(in the related cases) will be taken in accordance with the 3rd November of SC decision which rejected the dictator’s PCO.
The convention was also addressed by President of SCBA Aitzaz Ahsan,Hamid Khan,Ali Ahmed Kurd,Munir A Malik,Mehmood ul Hassan and others who demanded the restoration of judiciary, condemned the minus one forumula,Zardari’s approach towards the issue and re-uttered their conviction with the movement and the call for 10 June long march.
(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.
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