Former Pak judges term emergency, CJ removal unconstitutionalNovember 14th, 2007 - 8:27 am ICT by admin
Justice (retired) Saeeduzzaman Siddiqui, Justice (retired) Fakhruddin G Ibrahim and Justice (retired) Wajihuddin who out rightly condemned the steps.
Justice Siddiqui straightforwardly said that PCO couldn’t be imposed in the presence of the Constitution and no judge could take oath under PCO.
He said that Chief of Army staff has no power to remove Chief Justice of Pakistan through a PCO and if any Army Chief removes CJP this would be a clear cut violation of constitution and against the judicial norms.
Justice Siddiqui further said that there were no such type of circumstances that emergency was necessary to impose in the country.
He rejected the allegation that judiciary had release the militant, which was claimed one of the reason for imposing the emergency and removal the CJP.
Justice Siddiqui was of view that martial law would lead the country toward insurgency and sever political turmoil and as well as would effect the basic rights of entire nation.
Justice Ibrahim said: “Issuance of PCO is a direct attack on constitution as constitution can not be suspended or abolished completely through a PCO and it also can not remove Chief Justice of Pakistan”.
He said that if constitution would be abolished meant that nothing could be left.
Justice Ibrahim further said, “Military rule is contrary to the Ideology of Pakistan, Objectives Resolution, and the Constitution of Pakistan.”
He said that the Supreme Court has right to interpret every Article of the Constitution and it has used this right from time to time.
Justice (retired) Wajihuddin Ahmed declared that ‘military coup d’
- Musharraf 'shedding crocodile tears', says ex- Pak SCBA chief - Sep 19, 2009
- Pakistan apex court chief justice to be honoured - Apr 29, 2012
- Pak officials sharing sensitive matters with foreign diplomats breach of 'oath of office'? - Dec 07, 2010
- More accountability for judiciary recommended - Apr 23, 2011
- Pak Supreme Court dismisses PCO judges case objections - Dec 13, 2010
- Judiciary needs 'more accountability', 'restraint' in activism (Lead) - Apr 24, 2011
- Pak Supreme Court directs sitting PCO judges 'not to issue any judicial orders' - Feb 18, 2011
- Few Pakistan high court judges denotified - Aug 08, 2011
- Judiciary can interfere if institutions cross limits: Pakistan Chief Justice - Sep 15, 2010
- 'Lawyers to launch nationwide protest if Musharraf not tried for treason' - Nov 04, 2009
- 'Chastened' Musharraf confesses removing CJP was wrong - Sep 18, 2009
- Pak should follow India's example in booking "top guns" for wrongdoings: Pak CJ - Jan 29, 2011
- Musharraf cronies, PPP backing Asma to beat Pak CJ loyalists in SCBA polls - Oct 27, 2010
- Verdict against judges who took oath after Musharraf declared emergency reserved - Jan 27, 2011
- Judges cannot fix poverty line: Supreme Court - Sep 03, 2012
Tags: abolished, allegation, army chief, army staff, chief justice of pakistan, chief of army, cjp, constitution, insurgency, martial law, military coup, military rule, pco, political turmoil, presence, siddiqui, term emergency