
ISLAMABAD: Supreme Court Bar Association (SCBA) President Chaudhry Aitzaz Ahsan on Tuesday announced that he was quitting the committee formed to finalise the resolution on the judges’ restoration, saying he does not want to be part of dillydallying on the issue.
Aitzaz’s decision came a day after another member of the committee, Justice (retd) Fakhruddin G Ibrahim, disassociated himself from the committee, citing similar reasons. A source close to Law Minister Farooq H Naek, who is also convener of the committee, told this correspondent that Aitzaz has intimated the committee in writing on Monday night that Tuesday’s appearance would be his last in the committee meetings.
The source, while quoting the law minister, said Aitzaz told the committee that he does not want to be part of the deliberations if the same are concluded by May 6, as by that time it would be difficult to meet the May 12 deadline set by the top leadership of the PPP and the PML-N for the judges’ restoration.
The source quoted Naek as saying that Aitzaz does not even support amending the law to raise the strength of the Supreme Court to 27 from 17.The distinguished lawyer, who is leading the lawyers’ movement since March 9, 2007, was of the view that there was no question of considering the appointment of post-Nov 3 judges as legal since actions taken on and after Nov 3 were unconstitutional.
He, however, told the committee that the maximum the committee should agree on is to accept those judges appointed in the Supreme Court after Nov 3 as ad hoc judges. Making them ad hoc would mean that the statutory strength of the judges (permanent judges) in the Supreme Court would remain at 17.
Ad hoc judges are appointed for a certain period and do not affect the seniority of the permanent udges, including even those who are elevated from high courts to the Supreme Court. The likes of Farooq Naek and Rehman Malik, however, differed with Aitzaz’s viewpoint and sided with Abdul Hafiz Pirzada, who opined that all appointments in the Supreme Court after Nov 3 should be considered constitutional and; therefore, the PCO judges could be adjusted only through an amendment to the law increasing the Supreme Court strength to 27.
The committee member representing the PML-N fully backed Aitzaz and urged the committee not to delay the matter any further and avoid going for any legislation to increase SC strength. Although, the law minister has told private television channels that the committee would try to complete its deliberations before May 12, sources in the committee cast serious doubts over meeting the cut-off date on the judgesí restoration.According to one source, after Fakhruddin and Aitzaz, now it is the turn of the PML-N representative to quit the committee.