Two-third majority must to restore judiciary: AG
By Asghar Ali Mubarak

ISLAMABAD—Attorney General Malik Muhammad Qayyum said Monday that the deposed judges could only be restored by an amendment to the constitution passed by two-third majority of the parliament and not through a parliamentary resolution. Talking to reporters at his office, the Attorney General said there was no question of restoration of deposed judges through a parliamentary resolution, the way given in a joint declaration issued by PPP and PML-N leaders on Sunday.
Malik Qayyum said the amendments, ordinances and other acts including National Reconciliation Ordinance-2007 had been protected in the Constitution through Article 270-AAA. The Full Court of the Supreme Court had already declared all such “extra- constitutional acts” justified and also declared the issue of deposed judges who did not take oath under PCO a past and closed chapter.
Malik Qayyum said there was a long history of extra-constitutional acts and issuance of PCOs of General Ayub Khan and General Zia-ul- Haq and majority of deposed judges had taken oath under PCO issued by President Pervez Musharraf after taking over on October 12, 1999 their oath had been justified through various decisions including the one in Syed Zafar Ali Shah case.
When asked that whether the emergency was extra-constitutional act, the Attorney Generals said, “Yes, there is not doubt (about it).” About working judges of the superior judiciary who took oath under PCO as well as later under the Constitution of 1973, the Attorney General said, “These judges can only be removed through Supreme Judicial Council under Article 209 of the Constitution.”
When asked about the change of name of Frontier Province, Malik Qayyum said, “Name of a province which is mentioned in the Constitution can only be changed through a constitutional amendment passed with two-third majority.” Judges’ reinstatement with mere a resolution of National Assembly would ultimately prove as a futile exercise as their dismissal was quite constitutional, Attorney General of Pakistan Malik Mohammed Qayyum said Monday.