# Ex-CJP calls Musharraf 'extremist' for slandering 60 judges



## HAIDER

ISLAMABAD, Pakistan, Jan 30 (AP): Pakistan's deposed chief justice Iftikhar Mohammad Chaudhry Wednesday branded President Pervez Musharraf an extremist general for sacking 60 top judges and keeping him and his family under house detention for the past three months. Iftikhar Chaudhry said in a statement his wife and three children were even forbidden from stepping onto the front lawn of their Islamabad home. In the statement, Chaudhry accused him of slandering judges during his recent tour of Europe. Is there a precedent in all history, of 60 judges including three chief justices (of Pakistani Supreme and High Courts) being dismissed and arrested at the whim of one man? Chaudhry wrote. This incredible outrage has happened in the 21st century at the hands of an extremist general out on a 'charm offensive' of Western capitals and one whom the West supports. Athar Minallah, senior Supreme Court lawyer who called the news conference, would not disclose how the statement was conveyed from Chaudhry. (Posted @ 15:05 PST)

- DAWN - Latest Stories; January 30, 2008


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## mujahideen

It is still not conformed that it was indeed the ex-Chief Justice who had to say this. These were the lawyers, claiming they are quoting on behalf of the ex-Chief Justice.


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## mujahideen

mujahideen said:


> Ex-chief justice was corrupt, Musharraf tells Western media
> 
> By Rauf Klasra
> 
> LONDON: President Pervez Musharraf distributed a 15-page letter against the detained chief justice of Pakistan Iftikhar Muhammad Chaudhry among 30 top journalists of London on an exclusive breakfast meeting here last Monday, to convince the western media that the top judge was corrupt and was rightly dismissed on March 9 followed by his detention on November 3.
> 
> President Musharraf took this unprecedented step after the media challenged his democratic credentials for sacking a chief justice and then putting him under house arrest. It was an attempt to counter what the official camp claimed "sheer propaganda" and false claims by the camp of CJ in foreign press.
> 
> The major allegations leveled against the detained chief justice in the president's letter handed over to the foreign journalists before his departure to Pakistan, claimed that CJ Iftikar Chaudhry had triggered judicial activism, indulged in nepotism, had frequent interaction with Pakistani media, intelligence chiefs, military officers, president, prime minister, politicians, and most importantly, he was fond of protocol and harassing the respectable civilian bureaucracy.
> 
> One source said the letter contained the same allegations that were made part of the judicial reference that was sent to the supreme judicial council on March 9 which was later thrown out by a full bench of the court on July 20, last year on the basis of lack of evidence against the CJ Iftikar Mohammad Chaudhry.
> 
> Earlier, when the top British journalists came to meet President Musharraf on his invitation on Monday on the last day of his trip to Europe, they were shocked to receive a long charge sheet against the chief justice of Pakistan who was under detention and did not have the right to explain his side of the story or defend himself against those charges levelled in the letter.
> 
> President's press secretary, Maj General(r) Rashid Qureahi confirmed to The News from Islamabad that the copies of the judicial reference were distributed to apprise them of the real situation on judicial crisis in Pakistan. General Qureshi said, the judicial reference was now a public document and there was no harm in distributing it among the Western journalists to inform them that why the action against the judges was taken by the president.
> 
> He said, a lot was being said and written in the Western press about the judicial crisis of Pakistan, so an attempt was made to apprise them of the real causes of the whole crisis. To a question whether this was not a wrong precedent to distribute the copies of the judicial reference against the detained judges of the Pakistan among the foreign journalists, General Qureshi replied that there was nothing wrong in it as the judicial crisis had already become an international issue and every body was talking about the crisis both at home and abroad. He said, the pro judges lobbies had already taken up this issue beyond the borders of Pakistan and President Musharraf had only given his side of the story.
> 
> Meanwhile, according to available documents a four-page copy of a personal profile of the chief justice was also handed over to the British media in addition to a four-page letter President Musharraf had written to William Neukon on December 26, 2007 to explain why he had to take action against the country's chief justice.
> 
> Ex-chief justice was corrupt, Musharraf tells Western media



The Chief Justice indeed needed to be removed.


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## roadrunner

He makes the observation that it is a first that a lot of the judiciary has been sacked by a leader. It's happened before, but there is the equal observation that no CJ in the history of mankind has tried to manipulate the clear law of the Constitution in the way he has.


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## araz

roadrunner said:


> He makes the observation that it is a first that a lot of the judiciary has been sacked by a leader. It's happened before, but there is the equal observation that no CJ in the history of mankind has tried to manipulate the clear law of the Constitution in the way he has.



I disagree with you my friend. What the CJ did was well within the frame work of the law. The fact remains the he has the right to take suo motto notice of any event in the country. I know that times are difficult as we are in the midst of WOT. However, it still does not give us the right to incarcerate people without proof for years on end. I would have no qualms about a proven criminal suffering his punishment, innocent people being incarcerated is wrong no matter how you look at it. Mind you some of these guys had been in confinement for upto4 yrs. Ithing this whole fiasco boils down to the CJs refusal to ratify the second tenure of PM which again is purely illegal.
WaSalam
Araz


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## roadrunner

The CJ afaik tried to say that Musharraf could not remove him from his CJ office whilst his trial was ongoing (the first time he got suspended). He's very wrong on this as was Ihtizaz Ahsan ("No one can dismiss or suspend chief justice of Pakistan according to the constitution, the august post of the chief justice is tenure protected"). He should know the Constitution of Pakistan easily, so the only conclusion is that he tried to manipulate and lie. 

Article 180.
Acting Chief Justice. 
At any time when- 
(a) the office of Chief Justice of Pakistan is vacant; or 
*(b) the Chief Justice of Pakistan is absent or is unable to perform the functions of his office due to any other cause, 
the President shall appoint [163] [the most senior of the other Judges of the Supreme Court] to act as Chief Justice of Pakistan.*


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## mujahideen

Iftikhar says he would assume job when freed

By Ansar Abbasi

ISLAMABAD: The moment I am freed I will march to my office in the Supreme Court of Pakistan and assume my job, a confident Iftikhar Muhammad Chaudhry said on Wednesday, insisting that he was still the constitutional and legal Chief Justice of Pakistan.

Talking to The News, Justice Iftikhar said if restricted, he would hold his court in open field along with other honourable judges of the Supreme Court, who had refused to take oath under the PCO on and after Nov 3, 2007.

Full of resolve and determination, like always, Justice Iftikhar said that nothing constitutional and legal but only his illegal house arrest had barred him from attending his office. As soon as I am free, I will go to my office of the Chief Justice of Pakistan.

He categorically said that he would not accept any condition attached to his release from the illegal confinement, which started on Nov 3 and was still continuing amid reports that the government was considering freeing him if he restricted himself from going to the Supreme Court.

Rejecting any condition attached to his freedom, he said: If today I, being the Chief Justice of Pakistan, bound myself to the unconstitutional orders of the chief of the Army staff, then tomorrow an inspector general of police might come up with his own constitutional amendments and order the arrest of any future chief justice of Pakistan.

He said after his release, he would go the Supreme Court and his brother judges who did not take oath under the PCO would accompany him. Simultaneously, Justice Iftikhar said the (deposed) judges of the high courts would also go to their respective high courts. He disclosed that he was in contact with his brother (deposed) judges, whose number was more than 50.

Referring to his illegal detention, that of his family and his brother judges, he wondered if the top judges in any country had been treated in this manner anywhere in the world. He said such actions could not be accepted.

Undeterred from the harshness of his and his familys illegal detention of now over 110 days, Justice Iftikhar said the Nov 3 order of the seven-member bench of the Supreme Court, headed by him, had already declared the PCO unconstitutional and had also restrained the judges of the superior judiciary from taking oath under the PCO.

He said neither could the COAS amend the Constitution nor could he sack any judge. Justice Iftikhar said the whole nation demanded restoration of the pre-Nov 3 judiciary as had been proven in the Feb 18 elections. He declared that the future of the country could only be secured by constitutional rule and through institution building.

He said he was under oath to preserve, protect and defend the Constitution and this could only be done by supporting the Constitution and the rule of law and resisting unconstitutional orders.

While Justice Iftikhar is so clear about his action plan, the government believes that the deposed judges could only get back to their positions with the support of a two-third majority of the parliament.

However, opposition voices and the legal fraternity do not agree with this interpretation and say that unless the new parliament gives indemnity to Musharrafs Nov 3 and post-Nov 3 unconstitutional actions, no constitutional amendment is required to restore the deposed judges Some legal experts, including Aitzaz Ahsan, say a simple executive order can undo everything that has been unconstitutionally or illegally done in the past few months.

Iftikhar says he would assume job when freed


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## roadrunner

Musharraf is still the president. That's the main thing. Reserve orders are useful and might be enough to keep such looters in check. Anyway, this is an Ansar "drugged out" Abbasi article, which are usually hallucinations.


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## asaad-ul-islam

man aren't these politicians something? they are just barking and screaming for power and attention


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## solid snake

roadrunner said:


> Article 180.
> Acting Chief Justice.
> At any time when-
> (a) the office of Chief Justice of Pakistan is vacant; or
> *(b) the Chief Justice of Pakistan is absent or is unable to perform the functions of his office due to any other cause,
> the President shall appoint [163] [the most senior of the other Judges of the Supreme Court] to act as Chief Justice of Pakistan.*



This does not give Musharraf the right to fire him. He was perfectly "able to perform the functions of his office" and the only "other cause" was that Musharraf fired him because he didn't like what the CJ was doing.


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## roadrunner

solid snake said:


> This does not give Musharraf the right to fire him. He was perfectly "able to perform the functions of his office" and the only "other cause" was that Musharraf fired him because he didn't like what the CJ was doing.



Clueless. How can the CJ be a member of the SJC for his own trial? 

The CJ cannot be a member of the SJC for his own trial, so he cannot perform the duties of his office, since Article 209 [2], states that the SJC is composed of the CJ and other judges. 

*Article 209
(2) The Council (SJC) shall consist of, 
(a) the Chief Justice of Pakistan; 
(b) the two next most senior Judges of the Supreme Court; and 
© the two most senior Chief Justices of High Courts. *

How can CJ be a member of the jury for his own trial?. Answer that if you can.


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## Karma

roadrunner said:


> How can CJ be a member of the jury for his own trial?. Answer that if you can.



SS is talking about the sacking of the judges, while they were about to deliver the verdict of Musharaf's reelection as a president. How this action is based on constitution?


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## roadrunner

Karma said:


> SS is talking about the sacking of the judges, while they were about to deliver the verdict of Musharaf's reelection as a president. How this action is based on constitution?



How is he referring to the sacking of judges and not the CJ? 



SolidSnake said:


> This does not give Musharraf the right to fire him. He was perfectly "able to perform the functions of his office" and the only "other cause" was that Musharraf fired him because he didn't like what the CJ was doing.


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## roadrunner

Karma said:


> SS is talking about the sacking of the judges, while they were about to deliver the verdict of Musharaf's reelection as a president. How this action is based on constitution?



Looking at the Constitution, I would say it is Constitutional of him to have gone and fired the judges. 

_181. Acting Judges. 
(1) At any time when- 
(a) the office of a Judge of the Supreme Court is vacant; or 

(b) a Judge of the Supreme Court is absent or is unable to perform the functions of his office due to any other cause, 
the President may, in the manner provided in clause (1) of Article 177, appoint a Judge of a High Court who is qualified for appointment as a Judge of the Supreme Court to act temporarily as a Judge of the Supreme Court. 

[164] [Explanation.-In this clause, 'Judge of a High Court' includes a person who has retired as a Judge of a High Court.] 

*(2) An appointment under this Article shall continue in force until it is revoked by the President.* _

So he revoked their appointment..he doesn't even need to give a reason or consult anyone according to this. Just fire them.


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## solid snake

roadrunner said:


> How can CJ be a member of the jury for his own trial?. Answer that if you can.



Who said he had to be?

I'm saying the particular laws you pointed out which call for the appointment of an acting CJ says that one can only be appointed in case the CJ is unable to perform his duties.

The CJ did not have to be on his own trials jury, the other judges on the bench could have done that. 

Also, how come Mushy decided to fire the CJ just as decision on the legality of Mushy's presidency was to be made? Also a decision on the privitization of the Steel Mills.


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## mujahideen

Deposed judge in Pakistan appeal 

The former Chief Justice of Pakistan, Iftikhar Mohammed Chaudhry, has addressed supporters despite being under house arrest in Islamabad. 
He told lawyers in Karachi by mobile phone that the next government should restore judges deposed by President Musharraf during emergency rule. 

Soon after he spoke, police fired tear at protesting lawyers in the city. 

Mr Chaudhry was sacked when Mr Musharraf imposed emergency rule in early November. 

His dismissal came as the court was preparing to rule on the validity of President Musharraf's re-election. 

Mr Chaudhry had gained a reputation for judicial independence, partly through taking up investigations into the highly sensitive issue of the disappearance of political activists allegedly detained illegally by the security forces. 


*'Defining moments' *

Correspondents say that Mr Chaudhry made use of a mobile telephone that was smuggled into his home in Islamabad to address lawyers who had gathered in at least two cities. 

He told lawyers in Karachi that the recent election result showed that the Pakistani people had "repudiated" President Musharraf and that "unconstitutional measures" taken by him under emergency rule should be reversed. 

"Victory is not far off now," he said. 

"There are occasions when a nation passes through defining moments and the Pakistani nation is passing through this defining moment now. 

"If we lose this opportunity no one can then change the affairs of this nation ever." 

Supporters responded to his speech by chanting "go, Musharraf, go!" 

Soon after the suspended chief justice spoke, scuffles broke out in Karachi between police and about 100 lawyers demanding President Musharraf's removal. 

Similar protests were held by lawyers in Quetta, and in Lahore, where they burnt an effigy of President Musharraf in front of the Punjab provincial legislature. 

Correspondents say that the future of about 60 judges suspended by the president will be on the agenda of talks between the two largest parties to emerge from the week's elections, the Pakistan People's Party [PPP] and The Pakistan Muslim League-Nawaz [PML-N]. 

The PPP argues that the issue should be determined by parliament, whereas the PML-N says that that President Musharraf should be immediately impeached and the justices immediately reinstated. 

BBC NEWS | South Asia | Deposed judge in Pakistan appeal


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## mujahideen

Sharif vows to restore sacked Pakistani judges

_By Zeeshan Haider_

ISLAMABAD (Reuters) - Former Pakistani prime minister Nawaz Sharif joined a protest by lawyers on Thursday and vowed that judges sacked by President Pervez Musharraf would be reinstated if his party came to power.

Sharif's party did surprisingly well in Monday's election, finishing second to the party of assassinated former prime minister Benazir Bhutto.

The main party that backs Musharraf, who took power in 1999 when he ousted Sharif in a coup, suffered big losses.

Sharif made the reinstatement of judges the main element of his campaign and has repeated that demand since the election.

The judges were purged in November because they were seen as hostile to Musharraf.

Sharif and Bhutto's widower, Asif Ali Zardari, who now leads her party, are due to meet later on Thursday to begin negotiations on a coalition that could force Musharraf from power.

Lawyers protested in several cities on Thursday to reinforce their demand for the reinstatement of former chief justice Iftikhar Chaudhry and other judges dismissed when Musharraf imposed emergency rule in November.

"The time has come to take Chief Justice Iftikhar Chaudhry and other judges to their chambers in court," Sharif told a crowd of about 150 lawyers gathered on a road leading to Chaudhry's Islamabad house, where he has been detained with his family since November.

He told the cheering crowd Musharraf's rule was "illegal and unconstitutional".

Musharraf, an important U.S. ally, has refused to reinstate the judges. He sacked them when he imposed emergency rule just before they had been expected to rule that his October re-election as president while still army chief was unconstitutional.

Zardari has been calling for the independence of the judiciary but, like Bhutto, has not been insisting on the reinstatement of the judges, saying the new parliament should decide their fate.

Sharif vows to restore sacked Pakistani judges | Reuters


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## mujahideen

March on capital if judges not restored

_By Syed Faisal Shakeel_

LAHORE, Feb 20: Supporters of Aitzaz Ahsan, the detained president of the Supreme Court Bar Association, defied police restrictions and carried him on their shoulders outside his Zaman Park residence.

Talking to the media, Mr Ahsan reiterated his call for restoration of deposed judges by March 7. Otherwise we will hold a long march and gather in Islamabad from all over the country, he said.

People from different walks of life had gathered outside Mr Ahsans residence to show solidarity with the deposed judges and to demand his release. After holding a protest march, a number of lawyers and other activists entered Mr Ahsans residence and brought him out.

Mr Ahsan said that if the deposed judges were stopped from joining the march, the retired judges would take their place and accompany lawyers, civil society representatives and workers of political parties to Islamabad.

He said Justice Saeed-uz-Zaman Siddiqui, Justice Wajihuddin Ahmed and other retired judges had agreed to join the march.

He said he had rejected the offer for his release in exchange of a commitment not to indulge in any political activity.

Answering a question about the sitting judges, Mr Ahsan said once the Supreme Court judges were restored they would take a decision on the matter.

Mr Ahsan said a two-thirds majority in parliament was not needed for restoration of the pre-emergency judiciary because the deposed judges could start performing their duty under an executive order.

He said lawyers would not settle for anything less than the reinstatement of deposed judges and they were ready to negotiate with all political parties for the purpose. But I want to make one thing clear. That we have a one-point agenda: restoration of all deposed judges, he added.

He said the sitting judges did not have the legitimacy to endorse the imposition of emergency by President Musharraf because they had benefited directly from the action. How can the apex court empower someone to introduce amendment to the Constitution when it did not have such a power itself?

He said the PPP could not ignore the issue of reviving the pre-emergency judiciary because Benazir Bhutto herself had declared Iftikhar Mohammed Chaudhry as the real chief justice of Pakistan.

Commenting on election results, Mr Ahsan said that coalition governments would be formed at the centre and in provinces, except in Sindh, and anti-Musharraf forces would forge an alliance.

He said he was not a candidate for the post of prime minister because he believed that the next prime minister should be from Sindh.

He said Makhdoom Amin Fahim, who enjoyed the trust of Benazir Bhutto, was the most suitable candidate for the premiers slot.

March on capital if judges not restored -DAWN - Top Stories; February 21, 2008


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## roadrunner

solid snake said:


> Who said he had to be?



Article 209 of the Constitution says it. 

Article 209
(2) The Council (SJC) shall consist of, 
(a) the Chief Justice of Pakistan; 
(b) the two next most senior Judges of the Supreme Court; and 
© the two most senior Chief Justices of High Courts. 



> I'm saying the particular laws you pointed out which call for the appointment of an acting CJ says that one can only be appointed in case the CJ is unable to perform his duties.
> 
> The CJ did not have to be on his own trials jury, the other judges on the bench could have done that.



Who is going to replace the role of CJ in the SJC in accordance with Article 209 then???? 



> Also, how come Mushy decided to fire the CJ just as decision on the legality of Mushy's presidency was to be made? Also a decision on the privitization of the Steel Mills.



As far as i know, it was the judges that were fired just before the legality decision was to be made, not the CJ. The CJ was fired because someone put a reference against him, and Musharraf was obliged to act.


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## mujahideen

Lawyers should help form new political set-up: Tariq 

_Assad Hameed_ 

ISLAMABAD - Detained eminent lawyer and former judge, Justice (Retd) Tariq Mehmood has asked the lawyers community and civil society to patiently cooperate with the newly elected opinion leaders and let them form a political set-up, which would lead Pakistan out of the present fiasco.
I would request that the victorious parties should be given opportunity to form government, so that they can start dealing with the problems facing Pakistan, Justice (Retd) Tariq said Thursday while talking to TheNation at his Sector I-8 residence where he is under house arrest after the events of November 3.
Justice (Retd) Tariq Mehmood said military dictators have turned Pakistan into Masaailistan (land of problems) but these problems cannot be magically solved instantaneously. 
He lauded the role of private media, civil society, students and political parties in the lawyers movement for independence of judiciary and restoration of the sacked judges. 
There is a need that we should adopt attitudes and behavior that will strengthen our institutions, Justice (Retd) Tariq insisted adding that only stronger institutions will lead to rule of law and independence of judiciary. We all have made huge sacrifices for the larger interest of our country and for strengthening our institutions but we should not expect any temporary personal benefit, in exchange for our sacrifices, he also said.
At this critical juncture, we should not take any step, which would bring the incoming political leadership under pressure and the invisible powers may take advantage of it, which would harm and set back our movement, and might even necessitate the launch of a new movement, Justice (Retd) Tariq Mehmood advised.
He further stated that through these election results the people of Pakistan have provided our leadership a golden opportunity to take Pakistan out of its problems. But to achieve this, we should cooperate with them and be patient, he said. 
Justice Tariq pointed out that as a result of lawyers movement, Mohtarma Benazir Bhutto Shaheed and Mian Nawaz Sharif returned to Pakistan , which resulted in the military dictator being forced to hold free and fair elections. He also regretted that some leaders of the Lawyers Movement, who were outside prisons or not under house-arrest, sided with those political forces who staged a boycott of the general elections. 
We want a prosperous Pakistan for our children, where there will be equal rights for everyone and equal opportunities for everyone to develop according to their abilities he observed.
This is the start of a new and challenging era for Pakistan, in which our success will require us to be wise, sensible and patient, Justice (Reted) Tariq concluded. 

The Nation


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## mujahideen

Judiciary restoration should be first govt priority: Atizaz, Imran

LAHORE: LAHORE: Chief of Tahreek-i-Insaaf Imran Khan and Supreme Court Bar Association President Aitezaz and Imran both said public has given their mandate in elections that they completely reject Musharrafs dictatorship and wants democratic forces to takeover.

They said elected leaders should take advantage of this mandate and take a clear stance on the issue of judiciary. They appreciated the mutual statement by Nawaz sharif and Asif Ali Zardari in a meeting that judiciary will be reinstated.

Both Aitezaz and Imran stated that there is no need of parliamentary intervention to reinstate the deposed judges as it was only one executive order and not any parliamentary intervention which had deposed them.

Imran and Aitezaz seems united on one point that they want reinstatement of Chief Justice Iftikhar Mohammad Chaudry as the chief justice of Pakistan and all 60 deposed judges who took stand for every citizen of Pakistan and not just the constitution of Pakistan, hence there will be no compromise on this demand.

Aitezaz called for lawyers and civil societys long march on 9th March and Imran Khan ensured APDMs and his full support and participation to make the long March a success.

In a reply to a question Aitezaz said he totally supports ANPs demand of change of name of NWFP to Pakhtunwa.

Judiciary restoration should be first govt priority: Atizaz, Imran


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## batmannow

imran khan and aitezaz both are the agents who worked undercover with the hidden agendas to topple musharaf.


bigest example canbe seen as IMRANs grilfriend now, and old wife mss JEMAIMA went to interview musharaf just before a day from elections.


she qouted , reported the whole interview upside down.


in her interveiw she told that musharf stated that PML Q & MQM will win up comming elections.


very next day , musharf s official spokesperson said that , musharaf never said any thing like that.


so, this is just one example of IMRAN KHANS role.


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## roadrunner

mujahideen said:


> Judiciary restoration should be first govt priority: Atizaz, Imran
> 
> LAHORE: LAHORE: Chief of Tahreek-i-Insaaf Imran Khan and Supreme Court Bar Association President Aitezaz and Imran both said public has given their mandate in elections that they completely reject Musharraf&#8217;s dictatorship and wants democratic forces to takeover.
> 
> They said elected leaders should take advantage of this mandate and take a clear stance on the issue of judiciary. They appreciated the mutual statement by Nawaz sharif and Asif Ali Zardari in a meeting that judiciary will be reinstated.
> 
> Both Aitezaz and Imran stated that there is no need of parliamentary intervention to reinstate the deposed judges as it was only one executive order and not any parliamentary intervention which had deposed them.
> 
> Imran and Aitezaz seems united on one point that they want reinstatement of Chief Justice Iftikhar Mohammad Chaudry as the chief justice of Pakistan and all 60 deposed judges who took stand for every citizen of Pakistan and not just the constitution of Pakistan, hence there will be no compromise on this demand.
> 
> Aitezaz called for lawyers and civil society&#8217;s long march on 9th March and Imran Khan ensured APDM&#8217;s and his full support and participation to make the long March a success.
> 
> In a reply to a question Aitezaz said he totally supports ANP&#8217;s demand of change of name of NWFP to Pakhtunwa.
> 
> Judiciary restoration should be first govt priority: Atizaz, Imran



Afaik, the President controls the composition of the Supreme Court Judiciary. I was a bit unsure about whether Musharraf could legally get rid of the CJ, but actually he can indirectly and legally (at least in accordance with the Constitution). 

(Yes, I know certain "lawyers" will disagree with me, the same lawyers that resort to throwing bricks through car windows or finding innocent people with no motive guilty of murder..Judges are gone, as is the CJ and it's all legal).


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## mujahideen

US diplomats say judges issue Pak internal matter

_By Hamid Mir_

ISLAMABAD: The United States has now decided to respect the wishes of Pakistani voters and has finally given a go-ahead to the two main winners to resolve all the issues according to the wishes of their voters, including the issue of the deposed Supreme Court judges. 

US diplomats, who met some top leaders of PPP and PML-N in the last two days, have conveyed the view that the restoration of the deposed judges was an internal issue of Pakistan and the US would not interfere in any internal political or legal issue. 

Spokesperson of the US Embassy in Pakistan, Elizabeth Colton, made it clear on Friday that US diplomats were meeting the politicians just to understand the ground situation and for supporting the democracy. 

She said: The US ambassador and other US Embassy officials regularly meet with representatives of various political parties, and continue to do so. We continue to express our support of the democratic transition. 

When The News asked that why US considered Musharraf indispensable for its interests in Pakistan, she responded: Through the electoral process, the Pakistani people have expressed their views. It is up to those elected to form a government. We hope that Pakistans political leaders will work together to advance a common agenda and meet the challenges ahead. We look forward to working with that government, whoever its leaders will be.

Observers said it was clear that the Zardari-Nawaz alliance announced on Thursday night had forced the US to change its position on supporting Musharraf, who had announced a few days ago that restoration of the judges was not possible. 

In response to a question as to why the US is opposing the restoration of Justice Iftikhar Muhammad Chaudhry and some other judges, spokesperson Colton said: The United States has stated its support for an independent media and an independent judiciary. Pakistans judicial issue is a matter for Pakistanis to address. It is learnt that Bush administration conveyed serious reservations about Justice Iftikhar Muhammad Chaudhry to the leadership of the PPP when late Benazir Bhutto had announced her support for the deposed CJ. 

After the surprising election results, US officials started meeting PPP and PML-N leaders and listened to their views on the restoration of judges. PML-N said that if some American judges could release prisoners from Guantanamo Bay, then why a Pakistani judge could not order the release of a person who was thrown behind bars many years ago and no charge was proved against him. 

Initially, the restoration of judges became a hurdle in the way of a coalition between the PPP and the PML-N but finally wisdom prevailed and PPP co-chairperson Asif Ali Zardari saved the boat from being rocked. It is no secret in the capital that some intelligence agencies and their collaborators in media tried their level best to create misunderstandings between the PPP and PML-N but the leadership on both the sides proved that they had learnt their lessons from their past mistakes and confrontations.

Zardari and Nawaz Sharif agreed to restore the judges through parliament and forced the US to accept this democratic decision. The US government still has some reservations on the suo moto powers of the judges but PML-N leaders have clearly said to them that this was also our internal issue. 

A joint press conference of Asif Ali Zardari and Nawaz Sharif on Thursday gave the impression that both of them were not ready to play in the hands of their enemies. They agreed that the restoration of judges would provide some immediate credibility to the new coalition government and after that they would start fighting with inflation and price hike. 

Nawaz Sharif and Asif Ali Zardari will soon meet again and discuss about a joint meeting with King Abdullah of Saudi Arabia. They will request Saudi Arabia to help in stabilising the oil prices for two to three years so that the new elected government could have some relief. 

US diplomats say judges issue Pak internal matter


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## mujahideen

Old heroes remain unsung

_Assad Hameed _

ISLAMABAD - Chief Justice Saeed-uz-Zaman Siddiqi and his brother judges who opted not to take oath under first Provisional Constitution Order (PCO) in year 2000 are the actual heroes of the struggle for independence of judiciary in the country, many leading lawyers have asserted.
Now when the democratic forces are heading towards materializing the dream of reinstating the superior judges sacked in wake of November 3-emergency, those senior judges who decided to quit against the PCO, should also be rewarded for their heroic stance, these lawyers have demanded in a number of interviews and background discussion with TheNation. 
The then Chief Justice Saeed-uz-Zaman Siddiqi, Justice Nasir Aslam Zahid, Justice Kamal Mansoor Alam, Justice Wajihuddin Ahmed and Justice Khalilur Rehman, all judges of the apex court, along with Justice Rashid A Rizvi, Justice Muhstaq Memon and Justice Ghous Muhammad at Sindh High Court refused to take oath under the PCO introduced by President Pervez Musharraf who was also the then Army Chief.
These were the early days of military regime when it asked the judiciary to pledge loyalty to General Musharraf by taking oath under the PCO in January 2000 shortly after taking over by overthrowing the elected government of Mian Mohammad Nawaz Sharif.
Though majority of their brother judges in the Supreme Court as well as provincial High Courts took oath under Musharrafs PCO, the then Chief Justice and some of his colleagues refused to do so and opted to go home.
Former President, Supreme Court Bar Association and icon of the ongoing lawyers movement for independence of judiciary in Pakistan, Munir A Malik Advocate is also among the admirers of those great heroes of judicial history.
Chief Justice Saeed-uz-Zaman Siddiqi, Justice Nasir Aslam Zahid, Justice Kamal Mansoor Alam, Justice Wajih-ud-Din Ahmed and Justice Khalil-ur-Rehman are the great heroes of judicial history and so are Justice Rashid A Rizvi, Justice Muhstaq Memon and Justice Ghous Muhammad, Munir A Malik said while recalling the great sacrifice of these superior judges for upholding judicial norms and independence of judiciary.
Though these judges have already reached their age of superannuation but the democratic forces must acknowledge their great service and historic stance by giving them all the perks and privileges that they entitled, Munir A Malik said while talking to The Nation on Friday.
Authorities had taken 54-year old ailing Munir Malik immediately after the imposition emergency and kept him behind bars until his deteriorating health forced them to withdraw the dentition orders.
Detention and protracted illness has kept Munir A Malik a little away from the lawyers movement after events of November 3, however, he will be always remembered for his courageous role in the lawyers movement that successfully backed the reinstatement of deposed Chief Justice Iftikhar Muhammad Chaudhry after he was first sacked by President Musharraf in March last year.
Former President Lahore High Court Bar Association, (LHCBA) and senior Advocate Muhammad Ikram Chaudhry even demanded that these judges should be reinstated according to their seniority and even if the desire not to serve any more, they should get symbolic reinstatement.
We must remember our heroes in a way that the coercive and dictatorial forces should feel ashamed and dare not to pull down anyone in future for standing firm on his constitutional and legal stance, Ikram said.
He said the lawyers community stands for independence of judiciary and restoration of all the judges sacked through unconstitutional orders of President Musharraf.
Many other leaders of the legal fraternity have also demanded the restoration of deposed Chief Justice Iftikhar Muhammad Chaudhry and all other judges sacked in the aftermath of November 3 but also called for proper salutation of all those judges who were sacked in year 2000. 
They believed that the victory of democratic forces in the February 18 elections has brightened the chances for restoration of those superior judges who were sacked by Musharraf regime after imposing emergency on November 3.
But at the same time, all the political forces and legal fraternity must group together to recall and repay the heroics of those great jurists who sacrificed their careers and offices in line with the principles for independence of judiciary, these lawyers further said. 

The Nation


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## Tiki Tam Tam

The deposed CJ is just raring to get back to warm his old chair.

Nawaz seems to be keen since then the judgement over Musharraf's election can be given and given the CJ's attitude, it sure would ensure that it is declared illegal!

More problems than solutions!


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## mujahideen

Legal experts advice sought to resolve judges issue

_By Nasir Iqbal_

ISLAMABAD, Feb 25: The Pakistan Peoples Party and PML-N, the likely partners in a coalition government, have sought the advice of some top legal experts on ways of resolving the prevailing judicial crisis because many top lawyers and constitutional experts appear to be divided on ways of restoring the deposed judges and, even more, on the issue of the fate of the post-emergency judicial set-up.

In view of the enormity of the crisis, two mainstream parties have invited a number of senior legal experts including Fakhruddin G. Ibrahim who is reaching Islamabad on Tuesday.

I am coming to Islamabad as both Nawaz Sharif and the PPP have asked me to help them in finding a solution, he told Dawn when asked to comment on the issue.

After meeting the two, Mr Ibrahim said, he might also address a press conference to spell out the solution he had in mind for the political parties.

Renowned human right activist and constitutional expert Asma Jehangir already met Asif Zardari on Monday to hammer out a solution.

The crisis seems two-fold  one, how to reinstate the deposed judges who were sent home after the proclamation of the November 3, 2007, emergency, through a constitutional amendment or a simple executive order; and two, on what would become of the judges who have signed oath of loyalty to President Pervez Musharraf under the Provisional Constitution Order (PCO) promulgated along with the order imposing the state of emergency rule, and who later took a fresh oath under the Constitution after the emergency was lifted.

Reinstatement of the pre-PCO judges should not be linked with the removal of the present ones, observed senior legal counsel Khalid Anwar, adding that this was the most politically-charged question.

Mr Anwar said the correct road to take in finding a proper solution was to give a chance to the new parliament to debate and come up with a solution.

To him there could be two methods to resolve the crisis, either to let the Supreme Court decide the matter through a petition or let the legislators intervene through constitutional amendment for which a two-thirds majority in parliament would be needed.

On the one hand, he said, the lawyers community was saying that since the judges had been removed unconstitutionally, therefore, a simple executive order would suffice to reinstate them.

To advance this proposition, the legal fraternity is banking on an interim order issued by a seven-member bench, headed by deposed Chief Justice Iftikhar Mohammad Chaudhry, by staying the emergency rule moments after its proclamation by President Musharraf as the then army chief.

This interim order, however, got superseded by a final judgment of the Supreme Court which validated the emergency rule on the touchstone of the Zafar Ali Shah case. The doctrine of necessity invoked by the apex court in validating the emergency rule, though not liked by the people, was also affirmed when the review petition against the emergency rule was rejected by the apex court.

A senior government official confided to Dawn that one of the options which had been dwelt at length was to reinstate the judges and let them work side by side with the present ones to help reduce the huge backlog and wait during the process for the retirement age of the senior judges.

Legal experts advice sought to resolve judges issue -DAWN - Top Stories; February 26, 2008


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## mujahideen

Aitzaz may defer Long March

_OUR STAFF REPORTER _

LAHORE -SCBA President and PPP bigwig Aitzaz Ahsan has hinted that the call for Long March scheduled for March 9 could be withdrawn in order to give some breathing space to the new parliament with respect to restoration of judges.
He however reiterated that the lawyers stand by our call to launch the march on March 9. The lawyers purpose in giving that date is to give our political parties the required backing that they may need to resist pressure to give up on restoration of judiciary. The lawyers will, however, accommodate any genuine need to readjust to a different schedule.
It is to be recalled that some senior lawyers have been criticising Long March call stating it is too early to launch the march and the parliament in-waiting should be given sufficient time to resolve judges issue.
In a letter written to bar associations, Mr Aitzaz said: Lawyers do intend to give Parliament time to restore the judiciary, but with General Musharraf continuing in power and opposing the restoration of judges, parliament needs our ultimatums as a back-up.
Our Chief Justice remains under arrest for four months with his children while we are being lectured on statesmanship. He has not surrendered. Nor will the lawyers.
It is thus that the lawyers stand by our call to launch our Long March on March 9. The lawyers purpose in giving that date is to give our political parties the required backing that they may need to resist pressure to give up on restoration of judiciary.
The lawyers will, however, accommodate any genuine need to readjust to a different schedule.
The lawyers trust and respect political parties. But they do not trust General Musharraf. Given the humiliation of his party, General Musharraf should have quit.
With his exit, the lawyers suspicion and impatience would also have disappeared and greater adjustments made possible.
Aitzaz Ahsan also asked lawyers to remain united because last week the regimes agencies began to work on a plan to divide the lawyers movement. The best way to do that was to discredit and malign the name of the Bar leadership.
He also took lawyers in confidence on the issues being raised.
I became counsel for the Chief Justice, later of Justice(r) Wajihud Din Ahmed and a candidate for President SCBA at the request of the heroes of the lawyers movement Munir A Malik, Ali Ahmed Kurd, Tariq Mahmood and other senior lawyers. 
There was no conspiracy or ulterior motive. On the first day of my term, I was arrested. So were the 60 judges. The single object before me is only and only to have our independent judges restored. But what is now evident is that the Chief Justice and judges cannot be detained indefinitely. The day they are out, they will come to the lawyers in the more than 100 Bar Associations of the country. People will greet them throughout their journeys. I will be with them. Therefore there is an urgency in the government campaign to divide legal fraternity.
However, the trust you have reposed in me is a burden that I intend to carry to the end. Lawyers have been beaten, bludgeoned, tear gassed, fired at, burnt, bombed, killed and arrested. It was their movement that opened up space for our national parties to obtain power. The lawyers will, therefore, be only too happy if parliament exercises its sovereign authority. But a sovereign Parliament cannot be constructed on the debris of an independent judiciary. Yet the lawyers will strongly resist any move by Musharraf to invoke Art 58 (2) (b) of the Constitution. The legal community will defend this Parliament with all their energies. Lastly, he thanked and appreciated lawyers for their continued support to him and his colleagues in these very difficult times. He said, The lawyers have stood by me despite the propaganda and disinformation of the supporters of the regime. Your Movement is not going to disintegrate. All rumours in this regard are false, he said. I therefore call upon you to beware conspiracies to create divisions within the lawyers movement and to malign the name of bar leadership, he concluded. 

The Nation


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## mujahideen

Judiciary Day on March 9: APDM

_IRFAN BUKHARI_

ISLAMABAD - All Parties Democratic Movement (APDM) has announced to observe Judiciary Day on March 9 across the country to express solidarity with the lawyers and deposed judges in their struggle for judiciarys independence.
Convener APDM Mehmood Khan Achakzai and other central leaders, including Qazi Hussain Ahmed, Imran Khan, Liaqat Baloch, Abdul Hayee Baloch, Abdul Qadir Magsi and Pir Abdul Rahim Naqashbandi, jointly announced this while addressing a press conference after APDMs meeting here on Tuesday.
APDM will launch a protest movement with the support of lawyers, judges and other members of civil society if dictatorship exists in the country, said Achakzai. He added said that protest rallies would be taken out and seminars would be held in this connection.
He said that APDM was established on the points of restoration of Constitution, resignation of President Musharraf, elimination of the army role in political affairs of the country and independence of institutions. He alleged that February 18 general elections were rigged and President Pervez Musharraf removed former premier Nawaz Sharif unconstitutionally from government on October 12, 1999.
The APDM convener said that all the political parties have expressed their willingness for not contacting President Musharraf and added, Some parties of APDM contested the election but majority of the people didnt cast their votes and rejected the aides of Musharraf.
Chairman PTI Imran Khan said, We will have no objection if deposed judges are reinstated through newly elected parliament. He said that PML-Q would have got majority if elections were held on January 8 and stressed that democratic forces have gained victory only due to the martyrdom of former premier Benazir Bhutto.
Qazi Hussain Ahmed termed the assassination of Surgeon General Lt Gen Mushtaq Baig as a great tragedy and strongly condemned the Rawalpindi blast. He underlined that all incidents of terrorism are being occurred due to pro-American policies of Musharraf and Pakistan is being pushed into fire of terrorism.
Talking about the meeting with PML-N Quaid Nawaz Sharif, Qazi said that Nawaz told him that reinstatement of sacked judges is the top priority of PML-N and the restored judges would decide the future of the President Musharraf. 

The Nation


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## mujahideen

No chance for lawyers movement to roll back: Munir 

RAWALPINDI: Former president, Supreme Court Bar Association, Munir A. Malik Wednesday said lawyers will not accept any other settlement besides restoration of deposed judges. Addressing the Rawalpindi High Court Bar, he attributed the success of democratic forces in the recent general elections to the struggle launched by the lawyers. Therefore, he said, if a political party does not want full restoration of the judges it does not deserve to be called a democratic party. Munir Malik said no one should remain under the illusion that lawyers will back down from the stance. They will keep their struggle on until the full restoration of the deposed judges, he added. He hoped that Aitezaz Ahsan and Ali Ahmed Kurd will also be released from detention just like Tariq Mehmood. The lawyers are completely united, Munir Malik said. 

_Courtesy Geo_


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## mujahideen

Judges restoration through Parliament

_NAVEED BUTT _

ISLAMABAD - Three political forces - Pakistan Peoples Party, Pakistan Muslim League (Nawaz) and Awami National Party - demonstrated their parliamentary strength by gathering 171 MNAs at their first joint meeting here on Wednesday.
On the occasion their top leaders, Nawaz Sharif, Asif Zardari and Asfandyar Wali announced to form a coalition government and abolish the role of Army from the national politics forever.
The announcement was made by PPP Co-Chairman Zardari, PML-N Chief Nawaz Sharif and ANP President Asfandyar Wali while addressing the newly elected MNAs.
They vowed to abolish dictatorship, get rid of the Armys role in politics, halt intervention of the establishment and set up a strong democratic process in the country.
These leaders paid rich tributes to the former premier Benazir Bhutto who was assassinated in December 27, 2007 terrorist attack after addressing a public gathering at Liaquat Bagh in Rawalpindi. Participants observed two-minute silence to condole her death. They said their parties would continue their struggle for the restoration of democracy and supremacy of the Parliament.
The PPP travelled a long journey for restoration of democracy. Benazir was a great leader and a democratic Pakistan was her dream and she always said that democracy is a better revenge, said Zardari. He said that the PPP always faced the establishment, which created many problems for the PPP. 
We shall have to restore democracy, strengthen the Parliament and remove the powers of establishment. We want to change the system and for this purpose, the leaderships of the PPP, PML-N and ANP have great responsibility. We have to stand with one another to address the problems of the nation and pull the country out from the crises. We have to take decisions collectively. We should collectively elect the parliamentary leader in the National Assembly, he added.
The PPP Co-Chairman said that the people of Pakistan have given their message through their votes. The country is facing innumerable problems, he said adding that it is high time to change the destiny of the nation. I am standing with this hope that all political and democratic parties will stand with me. This is a window of opportunity, he said.
Nawaz Sharif while addressing to President Musharraf said, We will not wait even for a single day after the notification of results of the February 18 elections. Call the session of the National Assembly very next day after the notification. Today as many as 171 parliamentary members are seated here which is close to a two-thirds majority.
PML-N Quaid said that the PPP, PML-N and ANP have the same agenda and responsibility for the restoration of 1973 Constitution. We want pre-November 1999 position, he said. He said that the three parties would support one another for the supremacy of the Parliament and in routing dictatorship. 
He said he is badly missing Benazir with whom he signed the Charter of Democracy and started a new chapter for the supremacy of the Parliament. The situation would have been different if she would had been together with us, Nawaz said. The words spread sadness on faces of the participants including Asif Zardari and the hall again turned into deep silence for a few moments.
Nawaz made it clear that the nation has given its verdict against the dictatorship across Pakistan and is now watching at the leadership to fulfil pledges made during election campaign.
The ANP Chief Asfandyar Wali said that it is the collective responsibility of the main parties to work for independent judiciary, restoration of democracy and supremacy of the Parliament.
While referring to the assassination of Benazir Bhutto, he said, the PPP has paid a huge price for the restoration of democracy in the country. Benazir did not belong to PPP only but she also belonged to us because she was leader of all the moderate forces, he added.
Asfandyar said compromise is a way to resolve issues but principles should not be sacrificed for this. There is a very thin line between compromise and shamelessness, he cautioned.
Monitoring Desk adds: PPP, PML-N and ANP have agreed to restore the judiciary through Parliament, reported a private TV channel, quoting PML-N leader Raja Zafarul Haq. 
Zafar told the channel that the decision was taken in the meeting which was bried in detail on the issue by Fakhruddin G Ibrahim and other legal experts. 
There is absolute consensus over the issue and the leaders have agreed to restore the sacked judiciary through the Parliament, Zafar said adding that the legal experts had reviewed different strategies to be followed in this regard.To another question, he said the only thing remains to be settled is to how to accomlish this. "Whether through a resolution or an executive order is yet to be decided and the legal experts will give another briefing on this issue within a week," he elaborated.
APP adds: Pakistan Muslim League-Nawaz (PML-N), Pakistan Peoples Party (PPP) and Awami National Party (ANP) have formed a joint legal committee to study available options for possible reinstatement of the deposed judges, party sources said.
The committee, headed by prominent lawyer Fakhuruddin G Ibrahim have been assigned to review the constitutional matters pertaining to restoration of pre-November 3 judiciary, the sources said. 
Senior lawyer and PPP Senator Latif Khan Khosa is on the committee and other lawyers would also be inducted, the sources said.
The committee was formed during a meeting held by PPP Co-Chairman Asif Ali Zardari, PML(N) Chief Mian Muhammad Nawaz Sharif and ANP President Asfandyar Wali here at local hotel here Wednesday. 
Senior PPP leader Makhdoom Amin Fahim and PML-N President Mian Shahbaz Sharif and party chairman Raja Zafarul Haq also attended the meeting.
Online adds: Nawaz Sharif has expressed a possibility of the future President from APDM platform. 
Talking to a private TV channel, he strongly refuted that he was a candidate for the said post, as he was never interested in the affair either. 
He strongly reiterated his refusal to talk with PML-Q, since he considered them as merely timeservers, and strongly expressed that a 'newly elected President' was a must for integrity and future of the country. 
He also expressed that all problems were bound to vanish after restoration of 1973 Constitution in its original form and spirit, and opined that the Army should also refrain from violating the Constitution.
He also demanded action against Army dictators responsible for violating constitution, and said that a person who has been responsible for suspending and arresting serving judges, banning and restricting media, dissolving an elected government, simply cannot be tolerated as a viable working partner in government. 
He said that if he failed to raise arms against despotism at this crucial hour, he would also be labelled as one of the usurpers, and while replying to a question expressed his full support for harmony and integrity of the nation, and also lauded all citizens struggling for restoration of judiciary and their freedom. 
He further said that PML-N still stood on its stance to act upon on Charter of Democracy, in spirit and letter. We have also assured Asif Zardari full cooperation whether PML-N becomes part of Parliament or not. We will only become part of the government when the Musharraf quits the office of President, he added.
He further said that the entire assembly would be united against the unconstitutional amendments in the Constitution and abolition of LFO. President did not enjoy support of masses accept Chaudhrys, therefore, he should fulfil his promise and quit the office, he added. 
Nawaz said that time has changed and circumstances decide fate of the government rather than agencies, as in the past. There is complete consensus among parties over the mandate, which the masses have entrusted to PPP and PML-N, and it stands accepted." 
Similarly, he said that future of Pakistan highly depended on independence of judiciary, and hence PML-N has committed to the restoration of ousted judges and its pre-3rd Nov position. 
In response to a question, he said that President should better decide about his future course, rather he be impeached and besides PML-N had sharp reservations of having an oath administered by him (President Musharraf).
Monitoring Desk adds: Talks between President Pervez Musharrafs aides and PPP Co-Chairman Asif Ali Zardari, on an arrangement for peaceful co-existence, are at an advanced stage, reported a private TV channel on Wednesday. 
The back-channel talks between Musharrafs aides, led by National Security Council Secretary Tariq Aziz, and Zardari, were at an advanced stage and the two sides had met two or three times in the past 10 days, the channel reported.
The PPP is set to form the government at the Centre with the support of the PML-N, led by former premier Nawaz Sharif, who has been pressing for Musharrafs ouster after opposition parties swept the February 18 general election.
Quoting sources, the channel said Musharrafs aides had initially tried to convince Zardari to form a government with the support of the PML-Q, the party which backs the President and was routed in the polls.
However, according to the report, Zardari said this was not possible. The sources said Zardari had made it clear to Musharrafs aides that he wanted smooth sailing for the PPP-led government.
Zardari also said peaceful co-existence with Musharraf would be possible only if the President did not interfere in the affairs of new government and did not try to destabilise it, the sources said. 

The Nation


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## mujahideen

No judge will be restored

LAHORE: Presidential spokesman Rashid Qureshi on Friday denied reports that the president had offered a conditional restoration of judges sacked on November 3 to Pakistan Peoples Party Co-chairman Asif Zardari, according to Geo News. 

No sacked judges would be restored, he told Geo News, and the procedure for the reinstatement of judges was laid down in the Constitution. 

Queshi told PTV that President Pervez Musharraf had been elected for five years and was ready to work with the new government. He said the president had no plans to resign. 

He said rumours of the presidents plan to resign were part of a planned campaign in the Pakistani media and were totally baseless and unfounded. Only Nawaz Sharif and the so-called civil society consisting of 100 or 200 people wanted the president to resign. 

In fact, the whole world is praising the president for holding free, fair transparent and peaceful elections in, the spokesman said. 

Daily Times - Leading News Resource of Pakistan


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## mujahideen

US silence on judges reinstatement questioned

_By Our Correspondent_

*WASHINGTON, Feb 29: *The US backs restoration of an independent judiciary in Pakistan, but has no position on whether the sacked judges should be reinstated.

This is something that we believe the Pakistanis themselves are going to have to sort out, Deputy Secretary of State John Negroponte told a congressional hearing. And I think that its something thatll be taken up in their legislature and we will watch that discussion with interest.

The United States, he said, was certainly not trying to block any changes of any particular kind, nor do we have some kind of prescription or formula for how they should go about reforming or improving their own judicial system.

Asked if the US administration had a policy regarding the reinstatement of the judges, Mr Negroponte said: We have not -- we have been silent on the subject.

His response, however, did not satisfy the senators who criticised the Bush administration for backing away from its insistence on an independent judiciary and for siding with President Pervez Musharraf in his refusal to reinstate the judges.

Democrat Senator Robert Casey reminded Mr Negroponte that immediately after the election, Pakistani politicians had called for establishing an independent judiciary while others had also demanded restoration of the sacked judges.

Senator Casey noted that instead of siding with the judges the Bush administration was pressurising the new Pakistani leadership to stop their calls for reinstatement of the judges.

Senator Barbara Boxer, another Democrat, said she felt very disturbed by the administrations seeming ambivalence on the issue, noting that while Washington was spending billions of dollars in Iraq to set up a judiciary, it was not trying to help a country which already had one.

Imagine what would happen if President Bush went to the microphone and said: Today Im firing the Supreme Court and all the judges can go home!

She recalled that the recent sacking of an attorney had caused uproar in the US while the Bush administration remained silent on the purge of the entire judiciary in an allied nation. There are those who believe that re-seating the pre-Nov 3rd Supreme Court would almost lead to Musharrafs removal from office and thats why he was reluctant to do so.

She claimed that the Bush administration remained wedded to a policy that would keep the embattled Mr Musharraf in power despite his weakness and lack of support.

US silence on judges reinstatement questioned -DAWN - Top Stories; March 01, 2008


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## mujahideen

Judges issue to tax legal brains for long

_By Nasir Iqbal_

*ISLAMABAD, Feb 29:* The fate of the present chief justice if deposed chief justice Iftikhar Mohammad Chaudhry is reinstated has become a top judicial issue with many solutions on offer but a way out appearing hard to find.

Top constitutional experts are of the opinion that the new government could restore the deposed superior court judges without any constitutional amendment because they were removed unconstitutionally by President Pervez Musharraf as the army chief when he imposed the state of emergency on Nov 3 last year.

But the presidency, on the other hand, appears to be inflexible on the issue of reinstatement of the judges. President Musharrafs spokesman Rashid Qureshi told private television channels that neither the deposed chief justice nor the superior court judges would be restored.

However, top constitutional expert Fakhruddin G. Ibrahim told Dawn: The elevation to fill the vacant posts of removed judges during the emergency rule was illegal because their appointment was done without consultation with the lawful chief justice (Justice Iftikhar Mohammad Chaudhry).

The future coalition government, he said, could order security forces and police to immediately end detention of the deposed chief justice and other judges. It could also provide required administrative support to the judges so that they could perform their duty without any hindrance, he added.

Plain reading of Article 5 of the Constitution along with Articles 209 and 190 will suggest that judges can only be removed by invoking Article 209 (Supreme Judicial Council), therefore these judges are still holding their respective offices, he argued.

Mr Ibrahim said he had briefed a high-level meeting of three likely partners in a future coalition on modalities to resolve the present judicial crisis on Wednesday.

Article 5 requires loyalty to the statement and obedience to the Constitution and law by the citizens, while Article 190 commands all executive and judicial authorities to come in aid of the Supreme Court whereas Article 209 deals with the Supreme Judicial Council used to remove judges.

I have told them that this is their duty to let the judges perform their judicial function. He dismissed as rubbish the opinion that a two-thirds majority in parliament would be required to restore the deposed judges.

In fact this two-thirds majority will be needed to validate the amendments made to the Constitution during the emergency period, without which the pre-emergency constitution will hold the field.

Mr Ibrahim is drafting a declaration disapproving all actions taken during the emergency rule for being illegal, but did not comment when asked on whose behalf he was making the document and when it would be read or tabled and by whom.

Former Supreme Court Bar Association president Munir A. Malik is of the view that the present chief justice could be reverted to his old position with the reinstatement of Justice Iftikhar as the chief justice.

Without parliament validating amendments introduced during the emergency rule, the Constitution would be as it was prior to the emergency, he added.

I have told Asif Zardari during my meeting with him to de-link the judges issue with the constitutional package his party is formulating involving judges term of appointment, their salaries and other packages, he said.

Advocate Iftikhar Gillani said the removal of judges was always done through Article 209 and without validation of amendments made to the Constitution the situation of Nov 2 would remain in the field.

However, a senior Supreme Court lawyer opposed the reinstatement of deposed judges and said the Constitution did not contemplate appointment as well as restoration of judges on political grounds. This is such a big issue that it has the potential to shatter the entire body politic, he told Dawn, requesting anonymity.

The new government will be in trouble if it restores Justice Iftikhar and other judges because they will come with vengeance and thus will become controversial and create infighting, he added.

Judges issue to tax legal brains for long -DAWN - Top Stories; March 01, 2008


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## mujahideen

Deposed judges reinstatement not possible with administrative order: Spokesman 

ISLAMABAD, Mar 2 (APP): Presidential spokesman Major General ® Rashid Qureshi Sunday reiterated the stance that reinstatement of deposed judges of superior judiciary is not possible with just an administrative order.Commenting on the statement of Supreme Court Bar Association President Chaudhry Aitzaz Ahsans statement that an administrative order is enough to reinstate the deposed judges he said according to his understanding and interpretation of constitution such is not possible. 
Aitzaz Ahsan is creating confusion in the peoples mind as he himself know very well that legally it is not possible to reinstate the deposed judges with just an administrative order, he told private TV channel ARY One World.

National Assembly session would be convened within a period of 10 to 12 days he said and added that Election Commission has already issued notification of successful candidates.

Now the ministry of parliamentary affairs will seek permission of Prime Minister and then it will be sent to President for final approval.

Regarding resignation of the President he said President has been elected for five years.

In parliamentary system President is not changed with the change of government. Some vested elements are trying to create confusion in this regard.

The vested elements arguments have no legal weight that the president should resign, he concluded.

app - Deposed judges reinstatement not possible with administrative order: Spokesman


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## mujahideen

Deposed chief justice other judges will be restored: Nawaz 

LAHORE: Muslim League (N) leader Mian Muhammad Nawaz Sharif has said that the deposed chief justice Iftikhar Muhammad Chaudhry and other sacked judges will be reinstated and the constitution will be restored after formation of the government with peoples mandate. In meetings with officials of PML (N) lawyers wing and the staff of the partys central secretariat in Model Town, Nawaz Sharif lauded the role of lawyers in restoration of democracy in the country. Party leaders Mian Shahbaz Sharif and Ishaq Dar were also present on the occasion. 

_Courtesy Geo _


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## mujahideen

Justice Iftikhar says no to police escorting children to school 

ISLAMABAD: Deposed chief justice, Iftikhar Chaudhry confined here, refusing to send his children to school under police escort, asked for his previous security guard and driver. The duty magistrate this morning visiting the residence of the deposed and confined CJ Iftikhar Chaudhry offered sending the children to school. Administration sources told that the deposed CJ has refused sending the children to school under police escort and demanded his old security guard and driver for this purpose, while the duty magistrate assuring deposed CJ communicating his demand to the Registrar Supreme Court, went back from there. The government had decided ending confinement of deposed CJ family members a day ago, but a strong agitating lawyers and civil society storming Judges Colony led to the stringent blockading of Justice Iftikhar Chaudhry residence. 
_
Courtesy Geo _


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## solid snake

Nawaz Sharif is making inane statements which will never come true. Does this clown never care about his image? He made the ridiculous comment after Kargil that 4000 Pakistanis had died hahaha I doubt they even had that many troops in the entire area let alone crossing into Kargil.

This guy is a complete moron.


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## relent8

mujahideen said:


> Courtesy Geo [/I]



This CJ is such a drama maker, along with his puppet US-made lawyers, 
just saw GEO presenting this whole situation, as if government is the culprit and CJ and lawyers are the most innocent people in the country.


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## mujahideen

solid snake said:


> Nawaz Sharif is making inane statements which will never come true. Does this clown never care about his image? He made the ridiculous comment after Kargil that 4000 Pakistanis had died hahaha I doubt they even had that many troops in the entire area let alone crossing into Kargil.
> This guy is a complete moron.



I agree with you but their is something you forgot about him. Nawaz claims he is the champion of democracy and stands for the independence of the Judiciary. We must remember this is the same man who tried to get himself elected Amir-ul-Momineen as far as the judicary is concerned he sent his goons to attack the Supreme Court. At least President Musharraf had the decency to send the matter to court, Nazaw assualted the Supreme Court justices and if he comes back he will probably repeat the mistakes of the past.


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## mujahideen

relent8 said:


> This CJ is such a drama maker, along with his puppet US-made lawyers,
> just saw GEO presenting this whole situation, as if government is the culprit and CJ and lawyers are the most innocent people in the country.



I dont think the U.S. is behind this issue. They wouldn't do anything to destablize President Musharraf because he is the only man in Pakistan they can trust and especially now that Benazir is gone. I think the lawyers and the media in particular GEO are being funded by Russia and India. And I can say India because when GEO was banned from Pakistan they went to India to try to get them to fund the channel and the deal was that they would have to put content which is against the government of Pakistan.


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## relent8

mujahideen said:


> I dont think the U.S. is behind this issue. They wouldn't do anything to destablize President Musharraf because he is the only man in Pakistan they can trust and especially now that Benazir is gone. I think the lawyers and the media in particular GEO are being funded by Russia and India. And I can say India because when GEO was banned from Pakistan they went to India to try to get them to fund the channel and the deal was that they would have to put content which is against the government of Pakistan.



Obviously India is also one of the destabilizing element, but I say US becoz in my opinion, i dont get any reason for US to work with Musharraf, they mite be portraying it like that, but not in reality.
They *would* want to destabilize him becoz he's the only man(along with honest army) who is not allowing them to make any excuses for them to invade into Pakistan.
They have tried to raise many issues like Nuclear Safety issue, etc..but he has presented the rite view every time. So why woudnt they want to destabilize him?

But this is only my opinion, things can be different as well.


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## mujahideen

Shahbaz asks Musharraf to restore Judiciary and present before it 

LAHORE: President of Pakistan Muslim League-N, Mian Shahbaz Sharif has asked President Pervez Musharraf to restore the Judiciary and subject himself to it, adding there would be no difference, if he did the same.

He said Parliament would play its role if the President did not reinstate the Judiciary. People of Pakistan would not allow 58-2-B to be used again, he told in an exclusive interview with Geo news.

He said the issue was only about establishing a democratic system in the country and not personal. Responding to a question, the former Punjab CM said the use of 58-2-B against the Judiciary and restoration of democracy would be the unkindest act. 

Shahbaz asks Musharraf to restore Judiciary and present before it


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## mujahideen

relent8 said:


> Obviously India is also one of the destabilizing element, but I say US becoz in my opinion, i dont get any reason for US to work with Musharraf, they mite be portraying it like that, but not in reality.
> They *would* want to destabilize him becoz he's the only man(along with honest army) who is not allowing them to make any excuses for them to invade into Pakistan.
> They have tried to raise many issues like Nuclear Safety issue, etc..but he has presented the rite view every time. So why woudnt they want to destabilize him?
> But this is only my opinion, things can be different as well.



I totally agree with you and support your claim. But I am of the view that is U.S. is looking for someone who can do theri dirty laundry since President Musharraf has refused to do it. I think the U.S. has not found anyone because honestly the politicians which we are so blessed to have are two faced and would even sell their mothers for their selfish gains.
Now what you said and I have stressed a lot is that what we say are jsut our opinions. We really dont know the ground realties.


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## relent8

mujahideen said:


> I totally agree with you and support your claim. But I am of the view that is U.S. is looking for someone who can do theri dirty laundry since President Musharraf has refused to do it. I think the U.S. has not found anyone because honestly the politicians which we are so blessed to have are two faced and would even sell their mothers for their selfish gains.
> Now what you said and I have stressed a lot is that what we say are jsut our opinions. We really dont know the ground realties.



Yes i agree with that aswell.. 
Now important thing would be, how Musharraf will tackle the black-coats,I just hope he's planing something good against them and he gr8ly reduces their evil efforts.


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## mujahideen

Musharraf to resign if ex-CJ restored, his aides say

_SPECIAL CORRESPONDENT_

NEW YORK - Aides to President Pervez Musharraf believe that he would resign if ex-Chief Justice Iftikhar Chaudhry returned to his post after the new National Assembly starts functioning, according to a dispatch in The New York Times on Wednesday.
The reason given by the unnamed presidential aides was that restoration of the chief justice would reopen the question of his eligibility to be president and the legality of his suspension of the Constitution in November.
The same would happen if lawmakers removed his powers to dissolve Parliament, The Times quoted a close aide as saying in the course of a dispatch on the latest political developments in Pakistan. 
"The president will resign," the aide said. "He does not want to be an ineffective president."
An unnamed Western diplomat was quoted as saying: "He (Musharraf) is considering whether he should go. My feeling is Musharraf would not accept a diminished role; either he is in power, or he leaves."
"Yet Mr. Musharraf, who says he will work with whatever government is formed, remains aggressive publicly and seems determined to remain at the helm," The Times noted. "He continues to occupy the Army House, the government residence of the chief of army staff, in the garrison city of Rawalpindi just to the south of the capital, and continues to meet the cabinet, party officials and military officers there."
"He is under pressure, but I don't think he is going to improve," PML-N's leader Zafar-ul-Haq told The Times. "The expressions from him are such. He is adamant, stubborn." 
Meanwhile, a dispatch in McClatchy group of newspapers said that the delay in naming a prime minister or a government "threatens to strengthen the man they (political parties) defeated, President Pervez Musharraf."
The dispatch said Western diplomats in Islamabad privately expressed alarm over the political vacuum, which comes as Islamic extremists are conducting a campaign of suicide bombings. 
"Some Pakistani politicians contend that interference by the United States and its ally Musharraf has stalled the formation of a government," dispatch said. But, it said, the two winning parties bear a share of responsibility. 

The Nation


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## mujahideen

In touch with other parties for restoration of judiciary: Qazi Hussain 

LAHORE: A delegation of Jamiat Ulam-i- Pakistan (JUI) met with Jamat--i-Islami(JI) leader Qazi Husaain Ahmad on Thursday and discussed the revival of Muttahida Majlis Amal(MMA). Qazi Hussain Ahmad said that JI is contacting with other religious parties for the restoration of judiciary and JI also taking measures for the expansion of MMA. Talking to media after the meeting, Qazi has demanded President Musharraf to resign and announced that he would not launch any agitation against the elected government. Sahibzada Abul Khair Muhammad Zubair told media that his party wants to retain coalition with MMA and they would also meet with Maulana Fazul Rehman and other MMA leaders. The delegation of JUI comprised of acting president Sahibzada Abul Khair Muhammad Zubair, Pir Ejaz Hashmi and secretary general Qari Zawar Bahadur. 

_Courtesy Geo_


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## mujahideen

Judiciary row Pakistans internal matter: US: Amnesty announces awards for lawyers, judges

_By Anwar Iqbal_

WASHINGTON, March 5: The White House has said that it will not get involved in the judiciary-executive dispute in Pakistan because it views this as an internal matter of that country.

That will be a topic that the Pakistanis need to address, not the United States, said White House Press Secretary Dana Perino when asked if President Bush will use his influence to get the former chief justice released and the judiciary restored to its pre-Nov 3 status.

Ms Perino told a news briefing in Washington that Pakistan already has a parliament elected on Feb 18 and the newly elected leaders are working on the changes that need to take place to settle such disputes.

However, at a short distance from the White House, leaders of Pakistans lawyers movement received a rare honour from Amnesty International for their struggle to restore the rule of law in their country.

Amnesty International gave two awards  one for judges and another for lawyers  at a ceremony also attended by a delegation of lawyers from Pakistan.

Amnesty International, USA, salutes the judges and lawyers of Pakistan who stood up during the recent state of emergency in defence of an independent judiciary, said a citation etched on the plaques.

Hamid Khan, former President of the Pakistan Supreme Court Bar Association, told the gathering that the US should use its influence to get the sacked judges reinstated.

The judges, he said, were sacked because they attempted to restore the independence of judiciary and not because they were releasing terror suspects, as some in the United States believe.

Mr Khan said if the US wanted to stay neutral, it should also stop supporting the Musharraf government.

He noted that while the Bush administration never shies away from expressing its support to the Musharraf government, it refuses to back the cause of the judiciary whenever this issue is raised.

Mr Khan claimed that the Musharraf government was using its influence to break up the PPP-PML-N alliance and bring a government that would agree to work with President Musharraf for the next five years.

But the Feb 18 elections have shown that the people do not want him, Mr Khan said. He should step down in the greater interest of the country.

The US administration, he said, should not try to prolong President Musharrafs stay in power and instead of supporting an individual, it should support the people of Pakistan.

Sahibzada Anwar Hamid, former vice president of the Pakistan Supreme Court Bar Association, advised the US administration not to allow the fear of terrorism to prevent it from seeing the changes sweeping through Pakistan.

If you look closely, you will see that people not only voted against the ruling party; they also voted for an independent judiciary, he said.

He argued that at least in Punjab, political parties benefited from the pro-judiciary sentiments stoked by the lawyers movement and if the new government fails to restore the judiciary, they too will become unpopular.

Judiciary row Pakistans internal matter: US: Amnesty announces awards for lawyers, judges -DAWN - Top Stories; March 06, 2008


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## mujahideen

Burney threatens to resign over CJP issue 

ISLAMABAD: Caretaker Human Rights Minister Ansar Burney on Thursday threatened to step down if the government failed to justify the detention of sacked chief justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry and his family. Talking to Daily Times, Burney said he had written a letter to the Law Ministry asking it to explain the legal grounds on which the top judge and his family were detained at their house. He said the ministry had declined to comment on the issue, saying that the matter pertained to the Interior Ministry. Burney said he had sought the same explanation from the Interior Ministry but had not had any reply. If I do not get a response in a day or two I will go to former chief justice (CJ) of Pakistan Chaudhrys residence myself. It is below human dignity to keep the kids of the former CJ Justice in detention. The government must explain if there was any legal provision to keep a chief justice in detention along with his kids, he said, adding that he had told the higher authorities, including President Musharraf, that he could quit the ministry in protest. staff report 

_Courtesy Daily Times _


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## relent8

He can wait for 7-8 days for new government to be formed, and he'll be automatically kicked, so why to give resignation now and do all this mess.


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## mujahideen

Iftikhars countrywide address to bars on 13th

_By Our Reporter_

LAHORE, March 7: Deposed Chief Justice Iftikhar Mohammad Chaudhry will address all bars in the country by telephone on March 13.

This was announced at a press conference on Friday by Punjab Bar Council vice-chairman Mohammad Aslam Sindhu, Supreme Court Bar Association vice-president Ghulam Nabi Bhatti, Lahore High Court Bar Association secretary Rana Asadullah Khan, Lahore Bar Association president Manzoor Qadir and SCBA media coordinator Mohammad Azhar Siddiqui.

They said the lawyers community had launched a campaign to mobilise the people for protests and the response had been very positive.

Mr Sindhu said SCBA president Aitzaz Ahsan would address all the bars on March 10. He said Justice Iftikhar would address all bars in the country from his residence in Islamabad.

He said lawyers would hold rallies and meetings to condemn the actions taken on Nov 3 last year and boycott courts throughout next week. He said lawyers would hoist black flags on their homes, offices and bar rooms and the general public, including traders, students, members of civil society and professionals, would join them.

The bar leaders said independence of the judiciary was the slogan of every Pakistani as they felt that the country could not be put on the track of real democracy and their problems would not be solved without a neutral and impartial institution to keep a check on people in power. They said the lawyers movement had infused a new spirit in the masses whose participation would bring about a rapid change in the situation.

They said the legal fraternity all over the country was united and in high spirits to observe the week to press the demand for reinstatement of the deposed judges and restoration of the Constitution of 1973.

Mr Sindhu said the masses and the lawyers strongly believed that the judiciary would be independent and impartial and independent judges would rise above all temptations and fear to administer justice as per the Constitution and the law even if it annoyed a president or prime minister. He said the deposed judges were tested people and the masses had reposed full confidence in them.

He said the bar would soon take up the matter of violation of the boycott of the courts by some lawyers.

Iftikhars countrywide address to bars on 13th -DAWN - Top Stories; March 08, 2008


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