Pakistan constitutional experts see possibility in deposed judges' restoration

Islamabad, March 17 : Constitutional experts in a seminar on Sunday said that Pakistan constitution allows for the restoration of the judiciary, who were suspended by President Pervez Musharraf during last year's emergency.

Supreme Court Bar Association's president, Aitzaz Ahsan warned the incumbent Supreme Court to not to block the way of restoration of deposed judges while teaming up with the presidency.

"If Chief Justice Abdul Hameed Dogar and Attorney General Malik Mohammad Qayyum issued any order against it, legal fraternity would respond with protest calls like the 'long march," the Dawn quoted him, as saying.

Former Chief Justice Saiduzzaman Siddiqui emphasised that a sovereign parliament was imperative for an independent judiciary and the removal of judges was unconstitutional.

An individual is vested with the power to amend the Constitution only at the time of emergency according to retired Justice Fakhruddin G. Ebrahim.

Former Lahore High Court Chief Justice Javed Iqbal reminded that the amendments introduced in the Constitution by Gen Ziaul Haq in 1985 and by Gen Pervez Musharraf in 2002 had become part of the Constitution only after they were adopted by a two-third majority through the 8th Amendment Act of 1985 and through the 17th Amendment Act of 2003, thus November 3 actions were needed to be validated by the parliament for becoming the part of the Constitution.

Former SCBA president Munir A. Malik was of the view that the deposed judges could be restored through an executive order.

He said no wrong doer could validate his own actions. He said the onus was now on Musharraf to muster support of two- third majority in the parliament to get his actions.

ANI