NewsSunday, March 02, 2008
Lawyers divided over sacked judges issue
Daily Times Monitor
LAHORE: The country’s top lawyers and legal experts are divided over the restoration of the sacked judges as some lawyers want an executive order for the restoration of the judiciary while others are pressing for a constitutional amendment within the parliament for this purpose. Lawyers across the country have been protesting against President Pervez Musharraf’s removal of top judges last year. This ongoing rift between lawyers was evident from a Geo TV programme on Saturday when Senator Latif Khosa from the PPP said the winning parties of the February 18 polls could not oust Musharraf through a “punch”. He said the issue of Article 58(2b), Legal Framework Order and reinstatement of judges should be constitutionally resolved, within the parliament. Musharraf issued the LFO in August 2002. It provided for the general elections of 2002 and the revival of the 1973 Constitution. Former SCBA president Justice (r) Tariq Mahmood said the judges’ restoration was more political than a legal issue. He said the PML-N and the PPP – coalition partners for the incoming government – should take a firm stand on the issue. He said that Musharraf’s extra-constitutional acts could be nullified through a “simple” majority in the parliament, adding that only an executive order was needed to restore the sacked judges. Anees Jilani, a legal expert, said that no executive order could restore the sacked judges. He said that a parliamentary committee would have to be constituted wherein lawyers from both sides debate on the issue. Jilani warned that Musharraf could also get a stay order against any constitutional amendment against his decisions.
Courtesy Daily Times