SC judges strength 29

ISLAMABAD - The government in finance bill 2008-09 has indirectly proposed an increase in the strength of the apex court judges from 16 to 29 by making allocation for 29 judges instead of 16 judges, hence paving the way for validation of November 3 act of President Musharraf. The sources in the PPP-led coalition government disclosed that the Federal Cabinet on Wednesday besides giving approval to the budget also proposed amendment in the Judges Act 1997, which would be passed from the parliament simultaneously with the budget document. The legal and constitutional experts view the aforementioned move of the government in different ways and some of the experts were of the view that by allocation of funds for 29 instead of 16 judges clearly showed the intention of the PPP-led coalition to restore the deposed judges, the commitment made by the PPP leadership a number of times since the formation of the coalition government. But some other constitutional experts view the development in another context as they said that by taking PCO judges on board the PPP-led government is actually giving constitutional cover to the November 3 act of President Musharraf, the point ostensibly unacceptable to Pakistan Muslim League(Nawaz), another main partner in the coalition. The sources in the ruling coalition disclosed that in principle all the coalition partners were on board on the decision of granting indemnity to President Musharraf's act of November 3 and the decision which he had taken in the aftermath of imposition of emergency, termed by some of the constitutional experts as 'Martial Law'. These sources further said that President Musharraf had taken constitutional validation from the previous Parliament of his November 3 act and now he would get the same from the incumbent Parliament for which the ground was already prepared. The move of allocation and summary for enhancement in the strength of Supreme Court of Pakistan judges to 29 was termed as significant as it was put before Parliament for the first time. Otherwise Pakistan Peoples Party was fully agreed to giving the indemnity to the Presidential act of November 3, and all what he had done, in his capacity as Chief of Army Staff. The sources close to the developments taking place on various fronts over the past few months disclosed that there was no dispute, whatsoever, between PPP and other coalition partners on granting indemnity to President Musharraf's act of November 3 and the main coalition partner PML(N) had objection over the modus operandi. They wanted to get the judges restored to November 2 position through an executive order instead of going through the lengthy and lethargic way of tabling constitutional package in the House while on rest of the things they were on board with PPP. Some of the constitutional experts were of the view that the amendment in Judges Act 1997 would be through from both Houses alongside budget and government would face little difficulty in it as Pakistan Muslim League(Quaid-i-Azam) would not create any fuss in the Upper House of Parliament on the direction of President Pervez Musharraf. The sources in the Pakistan Peoples Party disclosed that the PPP Co-Chairman Asif Ali Zardari was not in hostile mood against the President and was following the course of co-existence with him. The things had further changed after the recent visit of Prime Minister Syed Yousuf Raza Gilani to Saudi Arabia where PPP Co-Chairman Asif Ali Zardari had also joined the Pakistani delegation. The Saudi authorities had asked Premier Gilani and Zardari to settle the political turmoil back home through negotiations and avoid any adventurism against President Musharraf, which according to them would surely plunge the country into another political crisis. The sources further said that at the same time United States also wanted to see stability in Pakistan as any unrest in Pakistan would have direct bearing on the war on terror going on in Afghanistan and the Pakistani territory bordering Afghanistan. A constitutional expert said that it was not the first time that PPP-led government had shown flexibility toward validating the President Musharraf's act of November 3 and earlier too when the bill was tabled before the National Assembly to revoke the amendments introduced in PEMRA and Press and Publication Ordinance introduced by President following the proclamation of emergency was actually the move to give the unconstitutional act of President a constitutional cover.

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