Former Pak judges term emergency, CJ removal unconstitutional

November 14th, 2007 - 8:27 am ICT by admin  
Martial law has been declared rather than an emergency, as PCO could not be issued in the presence of the Constitution and it is completely illegal and against the constitution, stated renowned jurists.

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’

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