ISLAMABAD: Former Supreme Court Bar Association President Justice (R) Tariq Mahmood has said that the proposed constitutional package of the PPP government has nothing to do with restoration of the deposed judges. “I would like to make it clear, that this package has been talked about for quite a long time. But it is not being said what this package has to do with the restoration of deposed judges,” Justice (R) Tariq Mahmood told a foreign radio.
They speak about the powers of the President, the composition of the Election Commission, the appointment of Chief Election Commissioner, he said and added that the matter is that these things are not going to resolve the issue of restoration of judges. To a question about who exactly is the chief justice, he said that the Supreme Court is one and the Chief Justice is also one and it will remain one. There cannot be two opinions on this. “On November 3 there was a Chief Justice. When he was present how you appointed another Chief Justice. We do agree with PPP leaders that there can be one Chief Justice of the Supreme Court at a time. But we say that this argument as a matter of fact is a double edged weapon. This goes against him.”
“Our principled stand is that you cannot accept as legal what happened on 3rd November and General Musharraf himself admits that it was extra-constitutional,” he said and added that as this is not legal, this does not exist. He said the fact is that the judges who are being called deposed judges are still judges. They are non-functional. You have make them functional. Now the question is what will happen if the judges who were appointed after November 3. A number of options have been discussed about them.-SANA