PPP may propose restoration by Ord

LAHORE-As a last resort to end the deadlock over the modalities of  the deposed judges restoration and to save the coalition, the PPP is learnt to have firmed up a proposal to reinstate the judges through a Presidential Ordinance after passage of the proposed resolution by the National Assembly, reliable sources told The Nation on Thursday. The PPP Co-Chairman, Asif Ali Zardari would put up this proposal before PML-N chief Mian Nawaz Sharif during their upcoming round of talks in London as one of the options to resolve the conflict, said the sources. As per new proposal, all present judges will stay and deposed judges including Iftikhar Muhammad Chaudhry would be restored through a Presidential Ordinance that would follow the National Assembly resolution as agreed upon between the PPP and the PML-N in the Murree Declaration. The proposed Ordinance would also contain a provision to provide a legal cover to sudden increase in the number of judges. The sources further divulged that once the judges are restored, other modalities as to the tenure of the Chief Justice, his powers of taking suo moto action, and constitution of benches would be settled later on in the proposed Constitutional package, alongwith a set of other reforms the PPP wants to introduce in the judiciary to make it independent of the executive branch of the govt. Sources privy to the development said that President Musharraf has no objection to restoration of the deposed judges through an Ordinance provided the present incumbents are also retained, and a Constitutional package curtailing tenure and powers of the Chief Justice also follows immediately after the proposed Presidential regulation. According to sources, PPP leadership wanted implementation of the NA resolution on restoration of sacked judges through Presidential Ordinance in a bid to avoid direct confrontation with the Presidency that may arise in case of doing the same through an executive order. The PPP leaders also think that restoration of judges through Ordinance would also provide a sort of face saving to Pervez Musharraf, as he could take the credit that it was actually he who did the 'miracle' in the end. In the London talks starting on Friday (today), the PPP leaders would try to make the PML-N leaders understand the implications of reinstating the judges through an executive order, which, they fear, might prove a suicidal course for the ruling coalition in its infancy. The sources in the PML-N told The Nation that it would be difficult for the PPP leadership to woo Mian Nawaz Sharif to approve the proposal, as his party did not accept Musharraf as Constitutional President. Besides, they added, Nawaz would also not like to give the credit of judges restoration to the retired General who dislodged his govt way back in 1999. But despite all these possible reservations that might be expressed by the PML-N negotiating team, the sources did not rule out the possibility of Nawaz Sharif's yielding to Zardari's suggestion in the greater national interest as he did when he consented to retention of the present PCO judges as a great sacrifice for a greater cause. As the things stand now, there are no two opinions within the major coalition partners over tabling of a resolution in the Parliament as a first step towards restoration of the judges, but they widely differ over the modalities. The PPP wants to implement the proposed NA resolution through a Constitutional package, while the PML-N thinks that a simple executive order was enough to do the needful. Though the PML-N is also in favour of the said package, but insists its passage by the Assembly at some later stage. The legal committee mandated to draft a consensus resolution and to recommend a modus operandi to implement it has also failed to come up with an agreed formula due to divergent views of its members. Noted jurist Fakharuddin G Ibrahim came out of the committee during its preliminary proceedings, while Aitzaz Ahsan quit the body later with a note of dissent that he was not in favour of keeping the present judges in judiciary.

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