Judges' restoration: May 12 deadline may not be met: Naik

10 May, 2008

Federal Minister of Law, Justice and Human Rights Farooq H. Naik has indicated that the resolution for restoration of judges might not be tabled in the Nation Assembly on May 12, as promised by head of the main parties of the coalition government.
He attributed the apprehended delay to the prevailing differences between the two parties on the modalities for restoration of the judges sacked by General Musharraf last year by imposing emergency, fearing they might overrule his victory in October 2007 controversial presidential election. "It does not seem the resolution would be tabled on May 12 due do differences on the methodology for restoration of the deposed judges", Naik told reporters outside the Parliament House.
Though the draft of the resolution has been prepared and modalities for its implementation are likely to be worked out by Nawaz Sharif and Asif Ali Zardari in a meeting on Friday in London.
The Minister said that the draft of the resolution has been finalised yet difference of opinion persists between the two constitutional experts Aitzaz Ahsan and Abdul Hafeez Pirzada as to how the resolution be implemented. He added that Aitzaz has already submitted his point of view in written and Pirzada is likely submitting his views any time on Friday.
The Law Minister, however, said he might be asked to send summary for convening either joint session of the Parliament or National Assembly by the party heads after the London meeting, if consensus develops over the modalities.
To a question he said "it depends on the party heads if they want to summon joint session of the Parliament or the National Assembly alone for the restoration of the judges". The Law Minister made it clear that only the President could summon the joint session of the Parliament on the request of Prime Minister.
To a query about the status of PCO judges, Naik said in case the present judges remained intact then the legal complexity could be resolved through an amendment in the Supreme Court's Act on Number of Judges.
He said the Act can be amended through a bill in the parliament or an Ordinance can be promulgated under Article 59 of the Constitution. Regarding president's address to the joint session of parliament, the Law Minister said that President is bound to address the joint session constitutionally with the start of every parliamentary year. But it is appropriate to put this question to the President as it is relates to him.

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