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Constitutional expert and noted lawyer Mian Mehubullah Khan Kakakhel said on Monday that deposed judges could only be restored through amending the Constitution with two-third majority as mere passing a resolution from the National Assembly through simple majority was not sufficient.
"The deposed judges can only be restored if the parties, given mandate, move a bill in the parliament and get it passed with two-third majority," Kakakhel told APP. He said that only adopting a resolution in the National Assembly had no legal standing to achieve the desired goal.
The senior lawyer said that both the Pakistan Peoples Party (P) and Pakistan Muslim League-N had lacked two-third majority in the parliament and if they were interested in restoration of pre-November 3 judiciary, they had to move a bill in the assembly and get it passed with majority from both the houses.
When asked about Murree declaration, Kakakhel said that both the PPP and PML(N) were not interested in restoring the deposed judges. Had they been interested, they should have suggested a constitutional bill for resolving the matter. He said that one-month time for moving resolution also created many question marks.
He said that great responsibilities were lying on the shoulders of political parties, who were given mandate by the people to show wisdom and maturity to take the country out of turmoil. Former President of Peshawar High Court Bar Association Iqbal Mohmand suggested for establishment of high-powered legal committee, comprising members from among elected parties and Presidency to review the whole situation and recommend a durable solution for solution of deposed judges, which was acceptable to all.

Copyright Associated Press of Pakistan, 2008

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