IF
TAKING OATH UNDER THE PCO IS UNCONSTITUTIONAL AND ILLEGAL THEN JUSTICE
IFTIKHAR MOHAMMAD CHAUDHRY HAS ALSO COMMITTED THIS UNCONSTITUTIONAL
AND ILLEGAL ACTION- ALTAF HUSSAIN
London
– 2nd February 2008
MQM Founder & Leader Mr Altaf Hussain has asked all the impartial constitutional
and legal experts to explain that if taking oath under PCO by present judges is
unconstitutional and illegal then how come it was constitutional and legal when
the same judges took oath under PCO in the past? He was addressing a meeting of
MQM Coordination Committee at the International Secretariat in London.
Commenting on the current political situation of the
country and the
protest by certain lawyer’s organization Mr Hussain said that when in January
2000 the then Chief Justice of Supreme Court Justice Saeeduz Zaman Siddiqui,
Justice Nasir Aslam Zahid, Justice Wajih Uddin, Justice Kamal Mansoor Alam,
Justice Mamoon Kazi and Justice Khalilur Rehman were asked to take oath under
the PCO they all categorically refuse to do so on the basis that they have
already taken oath under the Constitution of Pakistan, therefore, they will not
take a second oath under the PCO and presented their resignations. However, at
that time Justice Iftikhar Mohammad Chaudhry and other judges took of allegiance
under the PCO of General Pervez Musharraf and now he is being presented by the
lawyer’s organizations, human rights organizations and opposition parties as a
“hero”. On 3rd November 2007, the judges retook their oath under the
PCO but certain lawyer’s organizations, human rights organizations and other
organization representing the civil society and the opposition parties are
terming this second PCO as unconstitutional and illegal and refusing to accept
the judges that have taken oath under the PCO. They are demanding to restore the
position of 3rd November 2007. Mr Hussain said that if taking oath under the PCO is
unconstitutional and illegal then Justice Iftikhar Mohammad Chaudhry has also
committed this unconstitutional and illegal action by taking oath under the PCO
of General Pervez Musharraf in the past. Therefore, if this act of Justice
Iftikhar Mohammad Chaudhry will be termed by the lawyer’s organizations and
opposition parties as legitimate then how come the taking of oath under PCO by
other judges on
3rd
November 2007 can be termed as illegitimate or unconstitutional? He also
asked that if one judge who took oath under PCO can be declared as the “hero” of
judiciary, disciple and flag bearer of the constitution and the biggest
“champion” of law then how we can proclaim the other judges who have taken oath
under PCO as breaking and breaching the constitution?
Mr Hussain said
that he would like to ask the impartial constitutional and legal experts to tell
the people that if taking oath under the PCO on 3rd November 2007 by the judges was wrong according to the constitution,
then how come the first oath under the PCO in year 2000 was constitutional,
legal and legitimate? It is openly and visibly contradicting to demand for the
restoration of judges who took oath under the PCO in 2000, organize processions
in their support and at the same time to demand for the removal of judges who
took oath under the PCO on
3rd
November 2007. The lawyer’s organizations, human rights organizations,
civil society organizations, political and religious parties who are demanding
for the restoration of the judges who took the first oath under PCO; truly
believe in the independence of judiciary and supremacy of law and constitution,
why they did not protest when in 2000 Justice Saeeduz Zaman Siddiqui, Justice
Nasir Aslam Zahid, Justice Wajih Uddin and other judges were forced to resign on
their refusal to take oath under the PCO? Why they kept their silence? Today
what is their interest in demanding the removal of judges who took their second
oath under the PCO? Under what constitutional or legal provision are they
demanding for the restoration judges who took oath under the PCO for the first
time? He asked the lawyer’s organizations, human rights organizations and those
members of civil society who are running a campaign for the independence of
judiciary if the oath under the PCO in 2000 was right and legitimate then how
come the oath under PCO on
3rd
November 2007 is wrong and illegitimate? If the second PCO is wrong and
illegitimate then how come the first PCO was right and legitimate? Mr Hussain
said that a time when the General Elections are being held in the country, is
the protest campaign by the lawyer’s fraternity for the independence of
judiciary or to disrupt the system and spread chaos in the country? As a result
of the continued protest campaign and the court boycott of the lawyer’s
fraternity the cases of prisoners are being unnecessarily delayed. Is this act
right? He reminded of the dangers faced by the country today and that in the
present scenario our country does not need chaos and disarray but in fact it
needs amongst the people of all life in the country.
Mr. Altaf Hussain addressing to the meeting. Senior Deputy Convenor of MQM
Co-ordination Committee, Tariq Jawaid, Members Tariq Mir, Asif Siddiqui, M.
Anwar,
Mustafa Azizabadi and Members of International Secretariat also present.
