Pakistan govt reappoints eight sacked judges: official

[Neo]

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Pakistan govt reappoints eight sacked judges: official

Wed Aug 27, 2008

KARACHI (AFP) - Eight judges among dozens sacked by Pakistan's former president Pervez Musharraf were reappointed by the government Wednesday, a move condemned by many lawyers as a political stunt.

The decision comes two days after former prime minister Nawaz Sharif quit the government over differences with leading coalition partner Asif Ali Zardari over the issue of the sackings, which set off months of political turmoil.

The legal community described the move as a "conspiracy" to harm their demands for the restoration of all judges, including independent-minded chief justice Iftikhar Muhammad Chaudhry.

Chaudhry was among dozens of superior judges fired by Musharraf last year under emergency rule.

"Eight former judges of the Sindh High Court took oath today," provincial law secretary Agha Rafiq told reporters in Karachi.

They have not been reinstated but freshly appointed, he said, a technicality that allows the government to hold off on any change to the status of the sacked judges.

"This is a conspiracy aimed at dividing the judges and lawyers," Karachi bar council leader Rashid Razvi told AFP.

The judges had previously refused offers to return to their jobs, insisting on reinstatement of all including chief justice Chaudhry.

"We are deeply sad and disappointed," he said, said Aitezaz Ahsan, the president of the Supreme Court Bar Association and a leader of the lawyers' movement.

He said the eight who took office "gave up when our victory was in sight."

Musharraf, who seized power in a bloodless coup in 1999, deposed dozens of judges under a state of emergency last November when it appeared they would challenge his re-election as president the previous month.

The sackings sparked large and sometimes violent protests by Pakistan's influential lawyers.

Musharraf, whose allies were trounced in February elections, resigned under threat of impeachment last week, but the ruling coalition has since collapsed after failing to agree on how to restore the judges.

[QADRI]

thats nice to see but Iftakhar Ch. is still on the same status.

[Neo]

Reappointment of judges illegal, says Justice Sair

LAHORE, Aug 27: A former judge of the Lahore High Court has challenged the validity of the government’s move to reappoint eight judges of the Sindh High Court.

According to him, the SHC judges who took oath of office on Wednesday were on fresh appointments and have not been restored to their previous posts.

Talking to Dawn here on Wednesday, Justice Sair Ali said the eight SHC judges had been given a fresh oath along with back benefits and seniority “but the Constitution does not have any provision for a re-appointment”.

“I will not accept such an offer because it will be tantamount to accepting the illegal action of Nov 3,” he said.

President of the Lahore High Court Bar Association Anwar Kamal said the deposed judges of Sindh had walked into a trap by accepting appointment under Article 190 of the Constitution and their seniority could be challenged by any sitting Sindh High Court judge, who could file a petition saying that any judge appointed after him could not be considered as being senior to him.

He said it was a settled principle that an official rejoining his service after a break ended up at the lowest rung of the ladder, adding that even Chief Justice Abdul Hameed Dogar could not give priority to the seniority of the newly-appointed deposed judges.

[Neo]

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Eight sacked SHC judges take oath

* Sanctioned strength of SHC judges increased from 28 to 40
* Justice Anwar Zaheer Jamali made chief justice of SHC, holds full court meeting

KARACHI: The government reappointed eight sacked judges of the Sindh High Court (SHC) on Wednesday, and increased the sanctioned strength of SHC judges from 28 to 40.

The judges took oath in a ceremony at the Governor’s House in the morning, after the federal government notified the two measures separately.

Sindh Chief Secretary Fazalur Rahman read out the presidential proclamation for the reappointment. Governor Dr Ishratul Ebad administered oath to new SHC Chief Justice Anwar Zaheer Jamali, who in turn gave oath to acting chief justice Azizullah M Memon (as an SHC judge), Justice Khilji Arif Hussain, Justice Amir Hani Muslim, Justice Faisal Arab, Justice Sajjad Ali Shah, Justice Zafar Ahmed Khan Sherwani, Justice Salman Ansari and Justice Abdul Rasheed Kalwar.

“Eight former judges of the Sindh High Court took oath today,” provincial Law Secretary Agha Rafiq told reporters in Karachi.

They have not been reinstated but freshly appointed, he said, a technicality that allows the government to hold off on any change to the seniority of the sacked judges.

Former president General (r) Pervez Musharraf – who had sacked a large number of judges after imposing a state of emergency on November 3, 2007 – had signed a proposal for the reappointment of the eight sacked SHC judges on August 6, but the measure was delayed after the Pakistan Muslim League-Nawaz – then a partner in the four-party ruling alliance – objected to it.

Full court meeting: Lawyers and judges greeted the new SHC chief justice, who held a full court meeting after taking oath. Officials said administrative matters and other issues concerning the SHC and the lower judiciary were discussed at the meeting.

With the new re-inductions, the strength of the SHC judges has increased to 26, leaving 14 positions vacant. If the government decides to subsequently restore the remaining seven judges – sacked SHC chief justice Sabihuddin Ahmed, Justice Sarmad Jalal Osmany, Justice Musheer Alam, Justice Maqbool Baqar, Justice Gulzar Ahmed, Justice Athar Saeed and Justice Arshad Siraj – seven posts will still be vacant.

The SHC appeared to be short of staff cars after the reappointments, and officials requesting anonymity said arrangements had to be made “on war footings”. Sources in the SHC said the outgoing acting chief justice had already placed a request for 12 new cars with the Sindh government.

The SHC may also face a shortage of chambers if all the vacancies are filled – unless the government implements the Evening Courts proposal. Work on a premises expansion project has begun already.