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Deposed chief justice Iftikhar Mohammad Chaudhry said on Tuesday that he will resist every pressure tactic continuing his mission of providing relief to the people. Speaking to the journalists at his residence, he said that independence of judiciary is indispensable for sovereignty of the institutions.
It is worth mentioning that President Pervez Musharraf ousted and detained Iftikhar Mohammed Chaudhry in November last to protect his disputed Presidency from legal wrangling.
After being elected as prime minister on Monday, Syed Yousaf Raza Gillani ordered the release of detained judges in his maiden speech. The CJ spent a hectic day in meeting people who called on him at his residence, those included SCBA President Aitzaz Ahsan, former justice Tariq Mehmood, Ali Ahmed Kurd, Asma Jahangir, Sardar Raza Khan, Fazal Karim Kundi and JUI leader Abdul Ghafoor Haideri.
Students of Jamia Hafsa were also among those who reached his residence in order to meet the deposed chief justice. Aitzaz met the students and apologised that the deposed chief justice cannot meet them, saying the case of Jamia Hafsa was pending in the Supreme Court, therefore, he was unable to meet them.
Addressing the media, Aitzaz said that detention of the judges was an unconstitutional act; therefore, an FIR as well as damage claim against President Musharraf and the administration for their illegal acts would be lodged. Attorney General Malik Qayyum had himself admitted that steps taken on November 3 were unconstitutional, he added. He said: "We are hopeful about Murree Declaration under which it would reinstate the deposed judges in 30 days."
Talking about the legal pre-requisites needed for the restoration of deposed judges, he said that in accordance with the Constitution there is no need for any resolution but on moral and ethical grounds a resolution can be passed.
He said that judges were detained following an oral order from the President and an oral order in the same fashion by the prime minister has freed them. Similarly, the judges would be able to resume their offices after the issuance of an executive order as their sacking was carried out through an executive order.
Former justice Tariq Mehmood said that we welcome the release orders given by the prime minister and wait so that the newly-elected government could resolve the issue in 30 days as announced in the Murree Declaration.

Copyright Business Recorder, 2008

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