ISLAMABAD - Chief Justice of Pakistan Iftikhar Muhammad Chaudhry has said that the judiciary should accept responsibility for the failure of democracy in the country where one elected prime minister had been hanged and the other thrown out of the government. He passed these remarks during the hearing on Monday of a petition seeking regularisation of services of two Sindh High Court judges. During the proceedings, the chief justice observed that the Supreme Courts decisions in Maulvi Tameezuddin down to Tikka Iqbal cases were wrong and regretful. He said if the judiciary had stood firm in those cases, the November 3, 2007 mishap would have never happened. He further remarked that the judiciary would have to put its own house in order. Justice Iftikhar The Chief Justice said the case was of immense importance and going to decide the future of democratic order in the country. Headed by Chief Justice Iftikhar Muhammad Chaudhry, a 14-member larger bench is hearing the petition filed by Sindh High Court Bar Association (SHCBA) seeking regularisation of services of two SHC judges, Rashid Kalhoro and Zafar Sherwani. Comprising no PCO judge, the bench will also review the SC judgement in Tikka Iqbal case validating the imposition of emergency in the country on November 3, 2007 and sacking of over 60 judges of the apex judiciary. The same bench will also hear today (Tuesday) Barrister Akram Sheikhs petition against the PCO judges. The chief justice also issued notices to the federation, provincial law secretaries and secretary human rights in this regard on Monday. The judges case has a direct link with the SC decision in Tikka Iqbal case, as the same case provided basis for the then chief justice Abdul Hameed Dogar to deny confirmation to the two SHC judges. The SC judgement in Tikka Iqbal case said the judges sacked after imposition of emergency were past and closed transaction. Justice Iftikhar said imposition of emergency was not only an issue of 60 or so judges but was also a subject of the supremacy of the Constitution. Former president SHCBA Rasheed A Rizvi is pursuing the case on behalf of the association. He read out the texts of the emergency order and the presidential speech that followed it. At a point in the speech when the then Army Chief and President Pervez Musharraf had expressed that he was in favour of independent judiciary, Justice Khalilur Rehman Ramday exclaimed, Independence of judiciary through detention of judges What was their fault? the CJ also asked. Justice Ramday further remarked that a single person involved state institutions, including the Armed Forces, in an unlawful action for his personal gains, which, he said, was the greatest damage even done to the country. He also regretted that no judgement of the Supreme Court was cited in the Tikka Iqbal case. Justice Sarmad Jalal Usmani remarked that all those persons who had advised and drafted the emergency order should also be brought to justice. At a point in the emergency proclamation order, Musharraf had levelled allegations against the SC bench hearing the petition against his bid to contest presidential election in uniform saying that the bench was using delaying tactics in disposing of the case and was, thus, creating uncertainty in the country. To this, Justice Ramday observed that the said bench heard the case even on Saturday and Sunday and a member of the bench could join the wedding ceremony of his daughter only on the last night. He lamented the fact that no member of the bench hearing Tikka Iqbal case responded to the allegations levelled against the apex judiciary. Justice Javed Iqbal said the judges were also loyal citizens of Pakistan and could not even think of creating uncertainty in the country. Instead, Musharraf wanted to have decision of his own choice, he added. At another point, he said Musharraf imposed emergency when he realised that he would not be allowed to contest presidential elections in uniform. He said some judges read the writing on the wall while others did not. At this, the CJP Justice observed, Those who had not read the writing on the wall joined us. Rasheed A Rizvi said the 7-member SC bench in Tikka Iqbal case revived the 'doctrine of necessity already buried by the 9-memebr bench of the same court in Sheikh Liaqat case. He further said President Zardari on March 21, 2009 while reinstating CJ Iftikhar Muhammad Chaudhry had recognised that he was de jure chief justice while Abdul Hameed Dogar was de facto one. Later on, the case was adjourned till today (Tuesday).