AG cites legal protection for removing judges

ISLAMABAD—Attorney General of Pakistan, Malik Abdul Qayyum has said that suspension orders of the judges of the Supreme Court and High Courts have the constitutional protection and Supreme Court of Pakistan has also given its verdict in favor of these orders.
While speaking to the state-run-TV Channel he said that reinstatement of the deposed judges is associated with the abolition of article 270 AAA of the constitution related to their reinstatement. It is the only Upper and Lower House which can abolished this clause/article through two third majority in the both houses.
He further said that Supreme Court of Pakistan has also endorsed suspension orders of judges and termed it part of the constitution. Attorney General of Pakistan Justice (Retd) Malik Muhammad Qayyum Tuesday said that sacking of superior judiciary judges enjoys constitutional protection and their reinstatement is only possible by amending the constitution.
Talking to PTV he said the November 2007 actions of President have also been validated by the Supreme Court of Pakistan and become part of the constitution. Two-third majority is imperative for amending the constitution.
Article 17AAA states that judges sacking order was correct and validated by Supreme Court of Pakistan. However, he said, parliament has the powers to annul the orders with two-third majority in both houses of parliament - National Assembly and Senate.
Former judge of the Supreme Court and a presidential candidate in the recent presidential election, Justice (R) Wajihuddin Ahmed has said that the supporters of the unconstitutional measures of army dictators have always been putting forth the same argument as they are putting forth now.
“The need of 17th Amendment arose in the same way as was felt by General Ziaul Haq when his military rule began to come to an end. He introduces the RCO. In the same way he introduced LFO. But none of these amendments have any legal and constitutional status unless the parliament validates them with two-thirds majority,” ht told the BBC.
Wajihuddin Ahmed said that the amendment was a compromise between Pervez Musharraf and the leadership of the MMA. “Pervez Musharraf was sitting in his office wearing the uniform of the COAS and he did not want to doff that uniform. In order to get that uniform doffed the 17th amendment was brought and amendment was made in Article 14-7. It was said in this amendment that on 31st December 2004 Mr. Prevez Musharraf would take off the uniform of the COAS and relinquish this office.”
The two sides made this compromise, he said and added that this compromise in no away made any validation of the LFO of Mr. Pervez Musharraf. Lawyers leader Ali Ahmad Kurd has warned conspiracies are being hatched in Aiwan-e-Sadr against Murree declaration. “It is spelt out in categorical terms in Murree declaration that deposed judges will be reinstated within a month. But conspiracies are brewing against it in Aiwan-e-Sadr. Political leadership has given a longer deadline for restoration of judges but no one will be allowed to create any hurdle on the way to reinstatement of judges”, he said this while addressing lawyers gathering here in district bar association here Tuesday.
High court bar president Sardar Asmat Ullah, president district bar Sardar Tariq Masood, former minister for minorities J Salik and others also spoke on the occasion.—Agencies