Proposed Resolution for the Restoration of Judges by the National Assembly

The text of the draft prepared for Nawaz Sharif and Asif Ali Zardari by Fakhruddin G. Ebrahim for the restoration of the pre-Nov 3rd Judges

(DRAFT RESOLUTION)

THE NATIONAL ASSEMBLY OF PAKISTAN

WHEREAS, We the elected representatives of the people of the Islamic Republic of Pakistan acknowledge and honor the long and arduous struggle for the return to democracy and rule of law by the legal fraternity, civil society and the ordinary citizens of our beloved country.

AND WHEREAS, We pay tribute to Shaheed Mohtarma Benazir Bhutto and thousands of brave political activists across the country who made the ultimate sacrifice and laid down their lives or suffered imprisonment for the cause of restoration of parliamentary democracy and the rule of law in Pakistan. We shall not let their sacrifices go in vain.

AND WHEREAS, this Assembly is mindful that the foundation of democracy cannot survive without a return to the rule of law. We are mindful, that the rule of law cannot survive the rule of the gun unless we have an independent judiciary. And, we are cognizant that we shall never have an independent judiciary if the Judges of the Superior Court’s of this country are imprisoned at the whims of a lone individual.

AND WHEREAS, we as Members of the National Assembly have taken oath to “preserve, protect and defend the Constitution of the Islamic Republic of Pakistan” and we shall not waiver from this oath.

AND WHEREAS, Article 209(7) of the Constitution provides in no uncertain terms that “A Judge of the Supreme Court of or of a High Court shall not be removed from office except as provided in this article.” Therefore, as opined unanimously by leading former Chief Justices and Judges of the Supreme Court of Pakistan, the actions of 3rd November 2007, seeking to remove and restrain the Chief Justices and Judges of the Supreme Court of Pakistan and the Provincial High Courts is void ab initio and has no sanctity in law.

WE, THEREFORE, bound by our Constitutional Oath and the mandate given by the people of Pakistan on February 18, 2008 do hereby RESOLVE and call upon the Federal Government to remove all illegal restrictions placed on the Chief Justices and Judges of the Supreme Court of Pakistan and the provincial High Courts on and after 3rd November 2007 with immediate effect.

History shall not forgive those, who even now, may seek to obstruct the irreversible path to constitutional rule in our great country.

THEREFORE, WE FURTHER RESOLVE, and call upon the Federal Government to perform its obligation under Article 190 of the Constitution and act in aid of the Chief Justices and the Judges of the Supreme Court of Pakistan and the Provincial High Courts who were illegally restrained on and after 3rd November 2007 so that they may resume their Judicial functions in accordance with the provisions of the Constitution.

Islamabad


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10 responses to “Proposed Resolution for the Restoration of Judges by the National Assembly”

  1. aamir Avatar

    Mushi uncle is in deep shit…

  2. hai hai Avatar
    hai hai

    bravo !

    balle balle !

    subhan allah !

    pakistan zindabad !

  3. Mohsin Jami Avatar
    Mohsin Jami

    There are so many slips between cup and the lips.
    Lets keep our fingers crossed.

  4. readinglord Avatar
    readinglord

    The ‘dog’ being still in the well taking out of buckets of water would be of no avail. The parliament should have first got rid of Art. 58-2(B) before attempting to nullify the PCO as Mush seems to be resolved to go to the end.

  5. M Qasim Avatar
    M Qasim

    this is the best resolution we have. congrates to the draftsman

  6. Aamir Faraz Avatar
    Aamir Faraz

    If they implement it in letter and spirit, the rest of my life, I will always walk with my head high, no matter what comes up. I will be discussing this resolution in my tonite’s show on Royal TV. Dr. Miskeen Ali Hijazi and Mr.Justice (retired)Bashir A.Mujahid will be the guests in studio. Program will be on air (live) from 9.15PM till 10.30PM…..

  7. Aamir Faraz Avatar
    Aamir Faraz

    If they implement it in letter in letter and spirit, the rest of my life, I can walk with my head high, no matter what comes up. I will be discussing this resolution in my tonite’s show on Royal Tv. Dr.Miskeen Hizazi and Mr.Justice (Rtd.)Bashir A.Mujahid will by the guests in studio. Program will be on air (live) from 9.15PM till 10.30PM tonite.

  8. Tahseen Alam Khan Avatar

    At least I am ashmed of myself for being resident of a society where judges are seeking for the justice. How we will get justice?? Who will be protecting our rights?
    People like malik qayyum and sharif ud din peerzada are haunting us even when we are asleep. May Allah bless Pakistn peace, Justice and prosperity Amin.

  9. Tahseen Alam Khan Avatar

    At least I am ashmed of myself for being resident of a society where judges are seeking for the justice. How we will get justice?? Who will be protecting our rights?
    People like malik qayyum and sharif ud din peerzada are haunting us even when we are asleep. May Allah bless Pakistan peace, Justice and prosperity Amin.

  10. Liaquat Samma Avatar
    Liaquat Samma

    The above draft made by Justice (r) Fakhruddin Ibrahim is very good. I propose a further addition that PCO of Nov. 3 is not approved by this Parliament as required by the Constitution; furthermore, the valdation by the Supreme Court is declared null and void because they had no authority given by the Constitution and that it needed to be validated or rejected by the Parliament. The Supreme Court ignored the fact that the PCO was against and outside the Constitution, hence illegal and unlawful.