The government on Tuesday reinstated all deposed judges including deposed Chief Justice Iftikhar Muhammad Chaudhry to the position they were holding immediately before 3rd day of November 2007. Justice Iftikhar Muhammad Chaudhry will assume office of Chief Justice of Pakistan on 22nd March 2009, after retirement of Justice Abdul Hameed Dogar, Chief Justice of Pakistan on 21st March 2009, said a notification issued by Law and Justice Division.
Whereas, all deposed judges of the apex court and High Courts would assume their office with an immediate effect, said the other notification. As judges have been reinstated, therefore, there is no need for a fresh oath. Former President Pervaz Musharraf had sacked almost 60 judges including Chief Justice Iftikhar Muhammad Chaudhry on November 3, 2007 after their refusal to take a fresh oath under the PCO.
A number of the judges of Supreme Court and High Courts, deposed on November 3, 2007 took a fresh oath and reappointed themselves following Naek formula which to kept their seniority intact even after going for a fresh oath instead of restoration. Meanwhile, tenure of many judges ended during the period of their sacking.
At present the number of judges at the apex court including Chief Justice Abdul Hameed Dogar is 2, it will reach 25 after retirement of incumbent Chief Justice and reinstatement of deposed judges including Iftikhar Muhammad Chaudhry. Addressing a press conference, Secretary Law Agha Rafiq said that two separate notifications have been issued and Justice Iftikhar Muhammad Chaudhry has been restored as Chief Justice of Pakistan on pre-November 3,2007 position.
The Secretary said that all other judges of Supreme Court and High Courts deposed on November 3, 2007 have also been restored, adding these judges will assume their office with immediate effect.
Agha Rafiq said there was no need for Chief Justice Iftikhar Muhammad Chaudhry and other judges to take a fresh oath. The notification pertaining to restoration of deposed Chief Justice says, "the Prime Minister of Pakistan was pleased to announce on 16th day of March, 2009 that the deposed judges of the Supreme Court and High Courts including Justice Iftikhar Muhammad Chaudhry, the deposed Chief Justice of Pakistan, shall be restored to the position they were holding immediately before 3rd day of November 2007".
"Now, therefore, the President of Pakistan is pleased to restore Justice Iftikhar Muhammad Chaudhry, the deposed Chief Justice of Pakistan to the position he was holding immediately before 3rd day of November 2007. Justice Iftikhar Muhammad Chaudhry will assume office of Chief Justice of Pakistan on 22nd March 2009, after retirement of Justice Abdul Hameed Dogar, Chief Justice of Pakistan on 21st March 2009.
The restored judges of the Supreme Court include Chief Justice Iftikhar Muhammad Chaudhry, Justice Javed Iqbal, Justice Khalilur Rehman Ramday, Justice Raja Fayyaz Ahmed and Justice Ejaz Ahmed.
Restored judges of the Sindh High Court include Justice Musheer Alam and Justice Maqbool Baqar. Three judges of Lahore High Court are Justice Khawaja Muhammad Sharif, Justice Ijaz Ahmad Chaudhry and Justice Iqbal Hameed-ur-Rehman. Whereas the restored judge of Peshawar High Court is Justice Ejaz Afzal Khan.
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