Prominent lawyer Asma Jehangir, who is also chairperson of the Human Rights Commission of Pakistan, says the deposed judges can be reinstated if the Provisional Constitution Order enforced on Nov 3 is presented before the new parliament and it rejects the document which served as the law of the land during the weeks the 1973 Constitution remained in abeyance.
Such a step will not only annul all that President Musharraf had done during the emergency but will also bring back to courtrooms all five dozen judges who lost their jobs after the extra-constitutional measure taken by the general, she said while talking to Dawn on Tuesday.
She said the restored judges should take a decision on the fate of those who had taken oath under the PCO or who had been appointed after Nov 3, 2007. She proposed that the apex court should give a comprehensive judgment on the subject to address all aspects of the matter.
Ms Jehangir said she would advise the political parties to adopt the best possible mechanism so that the dignity of courts was upheld. Seeking reinstatement of all deposed judges, she said the matter should not be kept pending for any reason.
Sources close to former prime minister Nawaz Sharif say that PML-N leadership is of the view that a "resolution" passed by a simple majority of parliament could restore the pre-Nov 3 judiciary.
The sources said if the parliament resolution said that certain things done during the emergency rule were not valid under the Constitution, President Musharraf would come under obligation to have such things endorsed by a two-thirds majority of the two houses to keep them valid.
They said since it would not be possible for the president to have a two-thirds majority on his side, the resolution of the parliament would hold the field.
Such a step will not only annul all that President Musharraf had done during the emergency but will also bring back to courtrooms all five dozen judges who lost their jobs after the extra-constitutional measure taken by the general, she said while talking to Dawn on Tuesday.
She said the restored judges should take a decision on the fate of those who had taken oath under the PCO or who had been appointed after Nov 3, 2007. She proposed that the apex court should give a comprehensive judgment on the subject to address all aspects of the matter.
Ms Jehangir said she would advise the political parties to adopt the best possible mechanism so that the dignity of courts was upheld. Seeking reinstatement of all deposed judges, she said the matter should not be kept pending for any reason.
Sources close to former prime minister Nawaz Sharif say that PML-N leadership is of the view that a "resolution" passed by a simple majority of parliament could restore the pre-Nov 3 judiciary.
The sources said if the parliament resolution said that certain things done during the emergency rule were not valid under the Constitution, President Musharraf would come under obligation to have such things endorsed by a two-thirds majority of the two houses to keep them valid.
They said since it would not be possible for the president to have a two-thirds majority on his side, the resolution of the parliament would hold the field.
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