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The Parliament should decide the fate of those judges who took oath under the PCO and the legal fraternity would welcome that decision, said Aitzaz Ahsan, here on Thursday. Aitzaz Ahsan appeared before the court as a counsel for the first time after the reinstatement of all deposed judges. Since removal of the judges on November 3, 2007, Aitzaz Ahsan had not appeared before any court.
He represented as counsel in Mukhtaran Mais case, which was not taken up and was adjourned for April 27. Addressing the media outside the court, Aitzaz said that parliament is the proper forum for any decision regarding the future of judges who took oath under the PCO. The parliament by having two third majority can introduce any legislation to address this issue, he added.
Aitzaz said that he was smelling conspiracies in the air to disrupt smooth sailing of the courts after the reinstatement of deposed judges, but he cautioned saying legal fraternity was vigilant and would not let materialisation of any such plan. He said that reinstatement of deposed judges to the position of November 2, 2007 was a huge success for people of Pakistan.
To a question Aitzaz ruled out the impression that Chief Justice Iftikhar Muhammad Chaudhry had any contact with any political party. Responding to a question regarding status of Chief Justice Abdul Hameed Dogar and decisions taken by the apex court during his tenure, Aitzaz referred Malik Asads case 1998 which had declared CJ Sajjad Ali Shah as de facto, after three years of his service and said that CJ Dogar is a de facto Chief Justice.
The reinstatement notification of Iftikhar Muhammad Chaudhry has itself recognised Abdul Hameed Dogar as de facto Chief Justice, he added. He said that linking the court with Nawaz Sharif is merely a propaganda aimed at hampering dispensation of justice, adding it must be curtailed to let the court work independently.

Copyright Business Recorder, 2009

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