ISLAMABAD: The top leadership of the ruling coalition is all set to announce schedule of moving the resolution for complete restoration of the pre-Nov 3 judiciary in accordance with the aspirations of the nation and according to true spirit of the Murree Declaration.

Sources in both the PPP and the PML-N confirmed to The News that all members of the superior judiciary, including deposed chief justice Iftikhar Muhammad Chaudhry, would be restored in the given timeframe as announced in the Murree Declaration.

In today’s (Tuesday) meeting methodology to facilitate the return of the deposed judges to their offices through parliament will be finalised and announced. PPP spokesman Farhatullah Babar told The News that coalition leaders Nawaz Sharif, Asfandyar Wali and Maulana Fazlur Rehman would accompany one person each with them during the meeting.

A PPP source told The News that certain statements of different leaders were giving wrong meaning in the media and that there was no way to exclude any member of the superior judiciary who was sacked through the unconstitutional, illegal and illegitimate action of Nov 3 by Pervez Musharraf.

He said, however, there are certain issues and problems that will arise after the reinstatement and return of deposed judges to their offices like that of total number of judges in the Supreme Court that could be increased through an act of parliament as there are some judges in the apex court who took oath after restoration of the Constitution on Dec 15, 2007.

He said an act of parliament when passed by the two houses is sent to the presidency for signatures and the presidency could hold the bill for a month. In case the president does not sign it for a month, which is possible, the bill comes back to parliament and become law if both houses pass it again.

Replying to a question about a decision the committee is likely to take on the judgments passed by the present Supreme Court he said judgments after Nov 3rd are protected under defacto-doctrine as explained in the verdict of Al-Jihad case by the apex court.

When asked if decisions are protected then the Supreme Court has also validated the Nov 3 action which also include sacking of judges, he explained that Nov 3 action couldn’t be validated by the Supreme Court and these could only be validated or rejected by parliament.

He said the Supreme Court could recognise such decisions to which it is bound in such circumstances. The apex court has no authority to validate such acts or amendments in constitution. He said that routine decisions are protected.

He said that in the judge’s case, one thing is misunderstood that judges are sacked through imposition of the emergency or promulgation of the PCO. He said the judges were sacked by using the oath of office (judges) order 2007. He said that resolution of the National Assembly will repeal this order and judges willbe facilitated to return to their offices.

However, he said other decisions like that on Musharraf’s candidature will be protected but obviously these will be subjected to the review by the bench. He said after the reinstatement of judges the list of unconstitutional steps and amendments made on Nov 3, 2007 and others will be presented in parliament, and if not validated will be reversed automatically. He also said no constitutional package is being introduced in parliament in the current week as reported by the media.

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