Zardari should take oath again as President of Pakistan?.New Deadlock

[HAIDER]

ISLAMABAD: Former Attorney-General Malik Muhammad Qayyum cautioned the Supreme Court on Monday that declaring actions of former Chief Justice Abdual Hameed Dogar as illegal would lead to questioning the office of President Asif Ali Zardari because he also had been administered oath by the same judge.
‘If every action of (former chief) Justice Dogar goes the oath of President Zardari will also go,’ Malik Qayyum argued before the 14-judge bench that had taken up the appeal of Sindh High Court (SHC) Judge Justice Bin Yamin.
Instead of confirming the elevation of Justice Bin Yamin as an SHC judge, the high court, on a petition of the Sindh High Court Bar Association (SHCBA), suggested continuation of the judge as an additional judge. Justice Yamin approached the Supreme Court against the high court order.The bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Javed Iqbal, Justice Sardar Muhammad Raza Khan, Justice Khalil-ur-Rehman Ramday, Justice Mian Shakirullah Jan, Justice Tassaduq Husain Jillani, Justice Nasir-ul-Mulk, Justice Raza Fayyaz Ahmed, Justice Chaudhry Ijaz Ahmed, Justice Ghulam Rabbani, Justice Sarmad Jalal Osmani, Justice Muhammad Sair Ali, Justice Mahmood Akhtar Shahid Siddiqui and Justice Jawwad S. Khawaja decided to take up the matter of Justice Bin Yamin after deciding the case of two judges of the same high court in which the court has invited Gen Pervez Musharraf on July 29 to defend his action of imposing emergency on Nov 3, 2007.

On Monday, Malik Qayyum, representing Justice Bin Yamin, said Justice Dogar was the de facto chief justice of Pakistan and everyone accepted his position. However, he also expressed the wish not to get involved in the controversy regarding Justice Dogar’s status.

At this, Justice Khalil-ur-Rehman Ramday said that Mr Qayyum had made a ‘sweeping statement’ and asked what he meant by ‘everyone.’

‘President Zardari had accepted Justice Dogar as the de facto CJP,’ Mr Qayyum replied promptly.

‘This is between President Zardari and Justice Dogar and we have yet to examine his (Justice Dogar’s) status,’ Justice Ramday said.

While recalling the first speech in the National Assembly by Prime Minister Yousuf Raza Gilani soon after taking vote of confidence, Mr Qayyum said the prime minister had only ordered release of all detained judges of the superior judiciary, adding he could have ordered immediate reinstatement of all deposed judges.

Mr Qayyum again said that he did not wish to argue about the status of Justice Dogar.

‘We are not scared of anything, you can argue on the subject,’ the chief justice observed.

Earlier, Rasheed A. Razvi, president of the SHBA, argued that the appointment of all judges, without consultation of de jure CJP (Justice Iftikhar Muhammad Chaudhry) after Nov 3, was illegal, mala fide and thus had no legal effect.

Referring to events before and after the proclamation of Nov three emergency, he said the sole purpose of imposing emergency was to remove judges of the superior judiciary.
DAWN.COM | Pakistan | SC cautioned against questioning Dogar?s status

 

[Machoman]

By just sitting in USA you cannot predict that.

 

[ajpirzada]

it doesnt work lik this. u cant undo everything. the most common way of dealing with such kind of situation is to make two sections. one for something done with public backing and second for others. if u think now it will be a lot simpler.

 

[HAIDER]

Well if more CJ dig the soil more he get the dirt. Plus whole system will collapse. It started from one case, but more SC move on more people and political parties will face challenges. This who scenario is bring division between elected govt and judiciary .SC might get the sticker of bias judiciary. Whole panel of judges can't decline or reject the arguments of Qayyum, after all majority of these judges has previously take oath from Musharraf regime.