Rulers, lawyers going into a tug-of-war

LAHORE - The statement made by the deposed Chief Justice of Pakistan, Iftikhar Muhammad Chaudhary about 'prick of conscience' concerning some PCO judges, is being perceived by the senior lawyers in the city as warning to those deposed judges who are, reportedly, being attracted by the government with the offer of fresh appointment in the institution and they are seriously pondering over it. The deposed judges of High Court of Punjab and Sindh are in the news for the change of their heart against the stand they took after November 3. And the statement in question would make these deposed judges rethink their position and continue to wait and rejoin the judiciary only against success of the lawyers' movement which aims at putting them back to the November 2 position with Justice Iftikhar Muhammad Chauahdary as Chief Justice of Pakistan, they view. The movement has gone through almost nine months, but still it was far behind achieving the objectives. Legal fraternity all over the country, undoubtedly, is in high spirits to see the whole lot of deposed judges back in business at the earliest, but so far nothing tangible is in sight in this regard particularly when the ruling PPP has wrapped up the issue in political expediencies, rendering it more complex, they view. Justice Chaudhary's saying that PCO judges have pricks of conscience, means he was loathe to see the deposed judges facing the same agony. The deposed judges, particularly those belonging to Supreme Court, firmly believe that the question was not of their reinstatement but of the independence of judiciary, a far more bigger objective, which stands shaken by the PCO of November 3. The lawyers movement would be having a historic achievement if it succeeded in winning a complete independence of judiciary in a situation when the political stalwarts on the ruling side, enjoying the benefits of some important verdicts, were not interested in making any major changes in the judiciary and are trying to fit therein anyone in the present structure, observers said. Observers say after legal fraternity has set August 14 deadline for the restoration of judiciary, a sort of race is being witnessed between the lawyers and the rulers. After the official visit of Chief Justice of Pakistan Adbul Hameed Dogar to four districts of Sindh of late, different versions on whether it attracted the legal fraternity came to fore, they say. They view, this has again motivated the lawyers to demonstrate their strength and spirit which they did with a big show in Bahawalpur. After Bahawalpur, lawyers are now poised to lead the deposed CJP to Karachi where Chief Justice of Pakistan Abdul Hameed Dogar had addressed the bar recently, amid serious protest by the lawyers and their beating and arrest by the police. On the other hand, sources say efforts have been stepped up to woo a part of the deposed judges of Punjab and Sindh High Court for fresh oath-taking. They say legal wizards of the government are not only enlarging the base of their efforts by associating the Bar members, particularly of PBC, but they are also trying to reach out to the deposed judges to convince them for fresh oath-taking. Legal experts on this count say, if any deposed judge takes oath, disregarding what senior position he would command, he would not only be admitting the authority of Justice Abdul Hameed Dogar as Chief Justice of Pakistan but also the PCO and the oath-taking under the same. Thus it would mean counting down the judges strength behind Justice Chaudhary and strengthening that of Justice Dogar, they view. The pivotal strength of the deposed judges is lawyers' movement which in the recent past has seen ups and downs, specially after June 14 when the lawyers staged a big demonstration outside the Parliament building, but differences emerged on holding sit-in outside the Parliament House. The leadership of lawyers sees summer vacation in the court as reason behind the relatively low-profile Thursday protest and hopes it would pick up momentum next month. They have also dispelled any differences among them which the people believed, are marring pace of the movement. This is inspiring a confidence in the legal fraternity. The senior lawyers say they were united in the face of serious resistance by a section of the Pakistan Bar members under the leadership of SCBA President Aitzaz Ahsan and others. Legal quarters are of view that some sitting judges also desire early resolution of the issue. And the government efforts are intended to assimilate some deposed judges with them which the government quarters believe would give more comfort to the functional judges. In this view of the matter some vital moves regarding judiciary are expected by the expiry of deadline on August 14, senior lawyers say adding, the ruling side may make efforts to allure the deposed judges to take fresh oath of office. The lawyers, however, would like them to stay on till success of their movement. Whether the High Court judges of Sindh and Punjab continue to show patience and remain steadfast or accept the bait, is something going to get focus next month.

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