Lahore, Mar 2: Cracks have started appearing within Pakistan's legal fraternity over the restoration of the sacked judges.
According to the Daily Times, 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. The division between lawyers came to light on 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
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 (retired) 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, and added that Musharraf's extra-constitutional acts could be nullified through a "simple" majority in the parliament.
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.