Challenges ahead

LAHORE - Though Chief Justice Iftikhar Muhammad Chaudhry has been reinstated for second time with dignity and honour, a series of constitutional and social challenges are looming ahead while people have pinned high hopes on him to end their miseries. The foremost challenge is to decide the fate of judges who were appointed on and after November 3, 2007 Provisional Constitutional Order. The constitutional experts say that these judges were brought with the consultation of a Chief Justice about whom the lawyers and non-PCO judges had shown serious concerns. They say Chief Justice (r) Abdul Hameed Dogar was not a constitutional consultee in terms of Articles 177(appointment of SC judges) and 193(appointment of HC judges) because he was a de facto CJP not a de jure CJP. The other issue is that a seven-member bench of Supreme Court had invalidated PCO the same day and restrained all the judges from taking oath under PCO. But later PCO SC had overridden that verdict. A petition might be moved in SC to seek decision that which of them would hold field. Constitutional expert Abid Hassan Minto said that it was to be seen whether seven-member bench verdict is valid but he suggested that the parliament should come forward and sort out such issues to save the country from falling into another deadlock because implementation on that decision would escalate tension between the government and SC. Prominent lawyer Hamid Khan said the CJP would also have to look into the issue of judges who were appointed on political basis. He was of the view that Judges' Case of 1996 would be helpful as in light of that case 10 judges of the Lahore High Court, appointed in Benazir Bhutto's second tenure, were shown the door. Differing from this view, Abid Minto said a procedure has been laid down to remove a judge from his office. He said under Article 209 Supreme Judicial Council is the proper forum. The constitutional experts, however, say it would be easy for CJP Iftikhar Ch to remove those judges who are working on ad-hoc basis. CJP Iftikhar had strongly criticised November 3 unconstitutional steps during his removal and he was of view that one individual had no right to amend the Constitution. He said a procedure to amend the Constitution is written in itself. He also said Pervez Musharraf's November 3 steps would remain unconstitutional until the parliament endorses them with two third majority. The legal stalwarts say the Islamabad High Court was established under November 3 PCO and the confirmation of additional judges at IHC would be made by CJP. The experts say it would be a big challenge for CJP because if he confirmed these judges it would amount to accepting Musharraf's unconstitutional steps. Bearing in mind his statement, the CJP might be in fix once the matter of these judges' confirmation comes to him. The CJP had earned laurel in the past by using his suo moto power on different national, social and human rights issues and the masses highly appreciated his efforts. Now they expect that he would take notice of price hike, loadshedding and unemployment that had made their lives miserable. The CJP had also lambasted the government for increase in petroleum price. To bring reform in judicial system to ensure inexpensive emancipation of justice to the poor should be his top priority. Cases against National Reconciliation Ordinance and missing persons are still pending in the SC and both are real challenge for Iftikhar and his team. Ch Aitzaz Ahsan had hoped that CJP would not sit on bench likely to hear NRO as he did in a case against Musharraf's eligibility. Missing persons are also big issue in country and Musharraf had accused Iftikhar of releasing terrorists during hearing of the case. Human rights organisations are also looking toward Justice Iftikhar to again start his efforts for the recovery of missing persons. Hamid Khan said it should be left on CJP whether he decide to sit on bench or prefer to stay away. The experts say one thing is sure that in any case the bench on NRO would be formed by the CJP. Interestingly, this time CJP's territorial jurisdiction has shrunk, as he would not be able to exercise his authority in Swat valley where Islamic Sharia had been implemented having its own judicial system according to an agreement reached between government and Taliban. It is to be seen whether CJP takes notice of this deal or not. All eyes are fixed on CJP but one thing is sure that next few months would decide fate of relations between SC and the government.

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