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The judicial crisis is likely to be resolved here on Tuesday by the government as the Prime Minister is expected to reinstate deposed judges through an executive order in accordance with the Murree Declaration, it is learnt.
Former President Pervez Musharraf had imposed emergency, promulgated the PCO in November, last year. He had sacked the Chief Justice Iftikhar Muhammad Chaudhry along with sixty other judges at their refusal to take oath under the PCO. Since then a tug of war erupted between the presidency and the legal fraternity supported by the civil society, political forces and vibrant media of the country.
On March 9, 2008 the political forces came up with a resolve at Murree to reinstate deposed judges, on the position as they were on November 2, 2007 within 30 days of the accord. But the coalition parties had failed to materialise their promises.
The PPP took a turn and proposed a constitutional package linking it with the restoration of deposed judges. There were talks about 'minus one' formula which implied the presidency was willing to restore all judges sacked on November 3, last year but was not ready to reinstate the Chief Justice Iftikhar Muhammad Chaudhry.
The legal community remained steadfast to its principle stance for restoration of all judges including the deposed CJ. The community adopted several tactics to press the government. On August 8, the ruling coalition announced to impeach the President and vowed to restore the sacked judges according to the Murree declaration.
On Monday, the president after having his disapproval from the provincial assemblies announced his resignation saying it was in the larger interest of the country to prove his words 'Pakistan first'.
The legal community had demanded the government to reinstate the judges after the completion of impeachment process against the president or his resignation. Sources told Business Recorder, it is likely that the Prime Minister Yousaf Raza Gilani would issue an executive order to reinstate the deposed judges.
Earlier, in his first speech in the national assembly the Prime Minister had ordered release of all judges detained by the president. The major hurdle in reinstatement of the deposed judges was removed and the government had nothing left to blame or accuse.
Source said that it is likely that the Prime Minister would once again exercise his powers and will issue an executive order for the reinstatement of deposed judges on the position as it was on November 2, 2007.

Copyright Business Recorder, 2008

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