Is the P.M. going to rise to occassion?

It is being widely circulated in media reports that P.M. Yousuf Raza Gilani after successfully getting the Army, Foriegn actors, Civilian & Military beauraucracy and even N-League & Lawyers leaders on his side, is going to take a series of steps to implement the charter of Democracy & reinstatement of judges & Punjab Assembly.

What remains to be seen is that, the circulated news is based on proper facts or a mere wishful fragment of imagination of political pundits and analysts.

Though a couple of weeks ago, it seems that P.M. & President seemed to be playing the classical 'good-cop/bad-cop' game, but now it is more evident than ever, that P.M. is acting as an independent actor.

Will he rise to occassion? will he be able to deliever what it takes to pacify the situation and take the country out of the current Zardari & cohorts produced political turmoil ???????????

PPP and PML-Q to make joint Govt. in Punjab. Session called on the same day as LONG MARCH.

Finally the rumors are out there that PML-Q is going to sit in Punjab Govt. with a party whose chairman pronounced it as "QATIL LEAGUE".

But, even then they dont have numbers. Thats why Salman Taseer has called the provincial assembly session on 16th of march. The same day as LONG MARCH. So, that no one from PML-N can attend the session.

Restoration of judges should have been step 1... :(

Nawa-i-waqt

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PPP on 'Save Mush Harm Pakistan' mission

Selective indemnity proposed in expanded PPP package

By Syed Irfan Raza

Pakistan people’s Party’s constitution amendment package contains insertion of Article 270AAA to give indemnity to certain actions of President Pervez Musharraf, including ordinances issued between July 12 and Dec 15 last year, but is vague on the issue of proclamation of emergency and Provisional Constitution Order (PCO).

The package, containing about 80 amendments, if approved, will make drastic changes in the Constitution to restore the sovereignty of parliament and curtail the powers of the president.

But perhaps the most significant of all the measures suggested is an amendment to reinstate all the judges who were sacked under the emergency order and to reinstate them to the position that existed on Nov 2, 2007.

The package suggests amendments regarding reinstatement of the superior court judges, a new form for members of the armed forces, validity of general elections of 2008, renaming of the NWFP and changes to the article dealing with high treason.

A copy of the package was handed over to Pakistan Muslim League-N chief Mian Mohmmad Nawaz Sharif by Law Minister Farooq Naek in Lahore on Sunday.

Analysts said the indemnity to be provided in the proposed package to President Musharraf would pave way for him to step down because most of his actions that had become controversial would get constitutional cover and, therefore, might not be challenged in a court.

The latest version of the Constitution contains new articles 270AAA, 270B and 270C providing indemnity to the acts of the president, including the sacking of about 60 judges, under his controversial decision to proclaim emergency. The 17th Amendment had introduced Article 270AA validating earlier acts of the president.

My Comment: Shame on PPP acts... it is not goin to help pakistan in any way. How can they add this indemnity to such an act in their package??? they certainly are not sincere in restoring teh judges... r they nuts????

The insertion of Article 270AAA (point 73) might have been included in the package at a later stage because it has not been reported in the media.

Earlier, the media had been told that the package contained 62 amendments but the draft given to the PML-N chief has about 80 points.

It may be mentioned here that President Musharraf had already inserted an article in the Constitution and its clause-I validates the proclamation of the state of emergency on Nov 3, 2007.

However, the Article 270AAA proposed in the package does not mention specifically the proclamation of emergency and the National Reconciliation Ordinance.

Selective indemnity proposed in expanded PPP package -DAWN - Top Stories; June 02, 2008

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Constitutional package fails to impress lawyers

The proposed 18th amendment to the Constitution has apparently failed to address the core issue of restoring the superior judiciary to its Nov 2 (2007) position, Bar representatives said here on Monday....

...

The lawyers and the people at large, the representatives said, were confident that the new democratic government would undo the provisional constitution order (PCO) of Nov 3, 2007, and restore the judiciary. The hopes were belied as the new rulers started dancing to the tunes of dictatorship. However, the lawyers would frustrate all moves to oust the deposed judges and retain those who took oath under the PCO, they vowed.

The representatives expressed their concern at US interference in a purely internal issue like the reinstatement of judges. “The people of Pakistan are in a position to decide for themselves as evident from their vote against dictatorship in the Feb 18 polls.” They appealed to lawyers and civil society to observe a ‘black day’ on the arrival of US envoy Negroponte in Islamabad.

KARACHI: Constitutional package fails to impress lawyers -DAWN - Local; May 27, 2008

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مذاکرات ختم، تفصیلات کا اعلان کل، نواز مطمئن

پیپلز پارٹی اور مسلم لیگ (ن) کے درمیان عدالتی بحران کے حل کے لیے دبئی میں طویل مذاکرات ختم ہوگئے ہیں جس میں فریقین نے کہا ہے کہ ججوں کی بحالی کے معاملے پر اتفاق ہوگیا ہے۔

جمعرات کو مذاکرات کے ایک اور تفصیلی راؤنڈ کے بعد میاں نواز شریف نے صحافیوں کو بتایا کہ ’میں بات چیت سے مطمئن ہوں اور ججوں کی بحالی پر اتفاق ہوگیا ہے۔
‘

BBC

Lawyers for unconditional reinstatement of judges

Lawyers will not accept any constitutional package and amendment that affects reinstatement of the deposed judges including deposed Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry.

If any steps are taken against the Murree Declaration, the lawyers will relaunch their movement, said Supreme Court Bar Association member Sheikh Ahsanuddin here on Friday.

He said conspiracies were being hatched against the Murree Declaration, whereby the coalition partners had made a commitment to have the deposed judges reinstated within 30 days of the formation of a new government.

The conspiracy is aimed to sabotage the plan of the new government about the reinstatement of all the deposed judges, he added.

The deposed judges are a beacon for the people and nothing short of their unconditional and complete restoration would satisfy them, he said.

He said lawyers’ struggle was aimed at strengthening national institutions including parliament and the judiciary. He paid tribute to the deposed judges for not bowing before the rulers.

Agencies adds: Lawyers have said they will announce their future strategy if deposed judges were not reinstated within the period as promised under the Murree Declaration.

“Lawyers community supports the decision of Barrister Aitzaz Ahsan, president Supreme Court Bar Association (SCBA), giving a timeframe to the government for reinstatement of the deposed judges,” this was stated by Sardar Asmatullah Niazi, president Rawalpindi High Court Bar Association, and Athar Minallah, member Pakistan Bar Council, while talking to journalists outside the residence of the deposed chief justice in Islamabad on Friday.

They said lawyers would not create any problem or difficulty for the government during these 30 days.

Lawyers for unconditional reinstatement of judges -DAWN - National; April 05, 2008

lawyers clearly oppose the method being adopted by PPP... so do I... n so should everyone of us... unconditional reinstatement would make future vioators think that their orders can be reversed, they r not the ultimate power... adopting any other means for reinstatement would strengthen their belief that they own the country n can do whtever they want to do with it, nobody wiil b able to challenge their decision

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Aitzaz, Zardari stick to their positions on judges

There was "no agreement, no disagreement" on the issue of restoration of deposed judges in the Thursday night meeting of Supreme Court Bar Association (SCBA) President Aitzaz Ahsan with PPP Co-chairman Asif Zardari.

The two stuck to their respective stand on the question of sacked superior court judges, an informed PPP leader told The News. Aitzaz Ahsan wants instant reinstatement of the deposed justices, saying the talk of amending the Constitution to restore them, amounts to accepting as legitimate unconstitutional actions taken by the then chief of the Army staff (Pervez Musharraf) on Nov 3 last. It would open a Pandora's box for the future, he believes.

Instead of restoration of these judges, Zardari wants to cautiously move for the "independence of the judiciary". He is not inclined to reinstating the deposed judges. However, lawyers, supporting deposed chief justice Iftikhar Muhammad Chaudhry, say it would not be possible for the new PPP-led government to keep him and other judges under house arrest and they have to be freed immediately.

"Once the top judge is released he will be addressing bar associations all over Pakistan and will be visiting different cities in processions," a senior lawyer, aligned with the SCBA and the PPP, told this correspondent.

He admitted that this would throw up a grave challenge to the new government, which would face street trouble from day one. He conceded that this would also lead to an intense clash between the government and the lawyers' community.

In the Punjab, the provincial government to be led by the PML-N would not be opposed to the lawyers' movement and would, in fact, encourage it because of this party's unambiguous stand on deposed judges' restoration.

Another lawyer said the attitude of the federal, Sindh and NWFP governments to the lawyers' renewed movement would be different because these would not be backing it in any way. He said pressure would be kept on the PPP government to restore the judges but it would be given some time, enabling it to act in the right direction without much delay.

As far as Aitzaz Ahsan is concerned, lawyers said, it would be difficult for Zardari to tolerate him in the party if he continued to embarrass and put pressure on the PPP through his powerful street campaign.

Lawyers associated with the PPP apprehend that their party would further damage itself if it stood by its non-committal policy on the issue of restoration of judges. They feel that Nawaz Sharif, who came out with a better showing in the Feb 18 elections compared to the PPP, would further gain ground because of his stand on deposed justices.

They said had the PPP matched, if not surpassed the stance taken by Nawaz Sharif on the judges issue, combined with the massive sympathy wave in the wake of assassination of Benazir Bhutto, it would have convincingly won the elections.

Aitzaz, Zardari stick to their positions on judges

zardari is not willing to restore the judges the way ppl want... the constitutional package would assert tht whtever mush did on november 3 is justified... do we want this? atleast I dont.... i want mush to b an example for potential violators n breakers of constitution... a true -ve example so that ppl stop playin with the constitution... n the country progresses in the right direction... but for now it seems that the parliament is also gonna compromise under the logic of 'doctorine of necessity'... among all the major parties I believe only PML-N is respectin the mandate it got... reason for which could be any but its stance is very clear n brave unlike the stance of PPP... see the following for details on the constitutional package n aitzaz's response

To diffuse the judicial crisis, Mr. Zardari has offered the Chief Justice Iftikar Chaudhry the position of Governor of Baluchistan. Instead of humiliating Mr. Musharraf and the Army, he has also asked the president to create a resolution on restoring the judges. Mr. Zarzari is planning to ask parliament to accept the dismissal of all the judges and then reappoint them under a fresh mandate. This may prclude Mr. Iftikhar Chaudhry from the position of the Chief Justice. more...

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The word Scrutiny invites bars’ ire -DAWN - National; April 05, 2008

LAHORE, April 4: Reacting to the reports about judges’ scrutiny after their restoration, the bar associations have warned parliament of ‘consequences’ in case it links revival of the pre-emergency judiciary to any constitutional package.

At a joint press conference on Friday, the Lahore High Court Bar Association and the Supreme Court Bar Association said they would resist any deviation from the Murree Declaration which sought restoration of the deposed judiciary to what it was on Nov 2.

LHCBA President Anwar Kamal, Lahore Bar Association head Manzoor Qadir, Supreme Court Bar Association Secretary Chaudhry Amin Javed and Vice-President Ghulam Nabi Bhatti and Lahore Tax Bar Association president Mohsin Nadeem were among the participants. Former SCBA chief Hamid Khan also was present at the press conference held on the high court bar premises.

The LHCBA president said lawyers would not accept any step of parliament intending to sabotage the restoration of all the deposed judges. Any attempt to curtail the tenure of the chief justice of Pakistan or provincial chief justices would also be frustrated, he said.

....

LBA President Manzoor Qadir said the political parties, now in the government, had won a heavy mandate because of the issue of the judges’ restoration. The lawyers now felt that they were not only trying to wriggle out of the declaration, but also betraying their mandate too, he added.

“Let me make it clear that the lawyers will not allow parliament to cast aside its word on the restoration of the judges,” he said. He criticised Federal Law Minister Farooq H Naik for stating that “Musharraf is a national asset”. He said such a statement not only hurt the lawyers, but also lacerated the feelings of the people who had rejected a dictator through the ballot.

Hamid Khan said the lawyers were aware of the conspiracies originating from the presidency to sabotage the process of revival of the pre-emergency judiciary. He added that the restoration of the judges and the constitutional or the so-called reform package were two separate issues which could not be tied to each other. He asked Mr Naik to make public all the steps being taken for the restoration of the judiciary.

Mr Khan said he saw no justification for President Musharraf to stay in the office because he had lost the day his party (PML-Q) faced a humiliating defeat. Parliament, he said, would have to consult the bar associations before introducing any ‘constitutional package’, otherwise, it would have no value.

The word Scrutiny invites bars’ ire -DAWN - National; April 05, 2008

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Liberal Assembly of NWFP condemns CIA Director’s comments on Pak tribal areas

The NWFP Assembly has taken a strong note of CIA Director Michael Hayden’s recent statement terming Pakistan’s tribal areas as direct threat to US. The Assembly strongly condemned Hayden’s comments in a unanimous resolution passed by it.

The resolution also said that all the matters should be resolved through holding meaningful talks.

Raising a point of order, PML-N provincial chief Pir Sabir Shah diverted the attention of the House towards the statement issued by the CIA chief, and termed it as direct threat to the country as well as interference and attack on sovereignty of their country.

He said that aggressions from any foreign country would not be tolerated. “My countrymen had witnessed suicide attacks, bomb blasts and destruction only because of the dictatorial policies of the US in this region,” The Nation quoted him as saying.

Provincial ex-CM Akram Khan Durrani seconded the resolution and expressed the same feelings, saying that a joint resolution should be tabled to condemn the CIA chief’s statement unanimously.

Later, the parliamentary leaders of various Parties drafted the resolution and allowed the ANP leader Mian Iftikhar Hussain to move it, and was unanimously passed through which they demanded of the Federal Government to take serious note of the statement issued by the CIA chief immediately as they considered it as an interference in the affairs of an independent country. (ANI)

NWFP Assembly condemns CIA Director’s comments on Pak tribal areas | Top News

Please note that religious parties do not have much representation in the assembly... so US n mush cannot say that these are views of extremists... also see following

Provoked by the recent statements of the CIA director Michael Hayden, the NWFP Assembly promptly adopted a unanimous resolution Tuesday condemning US official’s utterances and asked the PPP-led federal government to take steps to resolve all issues through negotiations.

All parties represented in the assembly ranging from the nationalist ANP to the secular PPP and centrist PML-N, rightist PML-Q to the Islamic JUI-F, backed the resolution. ANP’s Mian Iftikhar Hussain, who will take oath as education minister today, moved the jointly drafted resolution on behalf of all members of the House.
...
PPP-S’s Israrullah Gandapur did not agree with the speaker who suggested the mover to leave the issue for another day as no other business could be made except election of the chief minister. He said they could not remain silent spectators like those of school’s children on such important and sensitive issues. “We will be doing no service if we also adopt criminal negligence like that of the previous government,” he said and suggested passage of a resolution. He also asked the federal government to summon US ambassador to know as to whether it was the American policy or a statement of one individual.

Full story at The News website

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Respecting the mandate

Source: Nawaiwaqt

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Blow to Musharraf

Pakistani parties to share power

Nawaz Sharif and Asif Ali Zardari were winners in February's elections
The leaders of the two parties that won Pakistan's elections have signed an agreement on a coalition government.

February's parliamentary elections delivered a crushing defeat to parties loyal to President Pervez Musharraf.

Mr Musharraf has urged the incoming government to leave politics aside and concentrate on good governance.

(hehe mush asks political parties to leave politics lolz... he is mad another proof... he can do politics in army uniform n the parties with mandate should not :D)

Mr Sharif has consistently called for the president to step down in the wake of the elections, which were regarded as a key step in Pakistan's transition from military to civilian rule.

The BBC's Barbara Plett, in Islamabad, says the deal will be seen as a further blow to Mr Musharraf who will face a parliament dominated by his adversaries.

Two issues had dominated the talks: The PML(N) party's insistence that judges sacked by Mr Musharraf in November be reinstated, and the PPP's desire for Mr Sharif's party to formally sign up to the cabinet.

Mr Zardari and Mr Sharif told a news conference that both matters had been settled.
All the sacked judges will be reinstated via a parliamentary resolution passed within 30 days of forming a new government.

That appears to mean that the chief justice will get back his job, in defiance of Mr Musharraf's strong objections, our correspondent says.

In return Nawaz Sharif has agreed that his party will join the cabinet - even though he does not recognise the president's right to rule.

Full Story

PML-N is respecting the mandate it got from people...

PPP, PML-N ‘poles apart’ on judges issue -As expected from PPP :(

Source: Dawn

By Ashraf Mumtaz

LAHORE, March 5: The PPP and the PML-N remain “poles apart” on the issue of reinstatement of the deposed judges of superior courts and ties with President Pervez Musharraf, notwithstanding their resolve to form a coalition, with the Awami National Party as their third partner.

“We are poles apart. The PML-N just wants that all existing judges should be sent home and those deposed on Nov 3 should be reinstated,” said a PPP leader who attended talks between the two sides.

Sources close to Mian Nawaz Sharif and privy to the discussions held by the two sides on Tuesday night said that the PPP team had asked the PML-N to soften its stand on the question of judges and not to make it priority item on its agenda.

“Nothing is common (between the two sides) and nothing is likely to be common,” said the source, indicating that the two sides would continue their deliberations in an attempt to find some common ground for cooperation.

PPP leader Asif Zardari and PML-N leader Nawaz Sharif are expected to meet in Islamabad on Friday to discuss matters concerning formation of the government.

The PML-N sources said their party could not afford to change its stance on the deposed judges and President Musharraf.

A PPP leader said that President Musharraf was under no obligation to seek a confidence vote from the new parliament. “There is no such provision in the Constitution. However, if he wants to show his following in the new house there is no harm in taking such an initiative,” the leader said, adding that the PPP was not calling on the president to prove that he enjoyed majority’s support.

“Let the new system take off. We want all matters in accordance with the Constitution. If the president stays non-partisan and doesn’t convert the Presidency into a hub of political conspiracies, we will have no problem working with him.”

Some reports say that the PML-N wants Musharraf to either step down or take confidence vote from the new assemblies.

The PML-Q has not lost hope that it would be able to form a government with the PPP because of the latter’s differences with the PML-N.

PML-Q sources say that knowing well that they were hated by the PPP the Chaudhrys have given Hamid Nasir Chattha a mandate to try to persuade the PPP leaders to agree to forming a coalition with them.

Mr Chattha had been close to Benazir Bhutto when the PPP and the then PML-Junejo were coalition partners during 1993-96.

One source said that Chaudhry Shujaat Husain may step down as party chief to pave the way for Chaudhry Pervaiz Elahi, the PML-Q’s new parliamentary party leader in the National assembly. Once he quits, some other office-bearers may also follow suit.

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Aitzaz Warns new parliament

Dawn Report

Some excerpts follow here, full story at Dawn website
LAHORE / HYDERABAD, Feb 23: The legal community kept up the momentum in their ongoing campaign for the reinstatement of deposed judges by using different events of their bar associations held on Saturday to spotlight their demands. At one such event Supreme Court Bar Association (SCBA) President Aitzaz Ahsan warned the leaderships of the PPP and PML-N to get the deposed judges reinstated quickly or face a movement themselves.

“The lawyers are providing a chance to the new parliament to reinstate the judges, otherwise they are all set to hold a rally in Islamabad on March 9,” Mr Ahsan said.

The SCBA leader’s detention was relaxed for a short period to allow him to cast his vote in the LHCBA election on Saturday.

Mr Ahsan said the PCO, which led to removal of over 60 judges, including the deposed chief justice of Pakistan, Iftikhar Mohammad Chaudhry, would obstruct the functioning of the new parliament.

Referring to the Supreme Court verdict on the reinstatement of the chief justice, Mr Ahsan said the decision had held out that no judge of the superior judiciary could be removed unless the Supreme Judicial Council decided to do so under Article 209 of the Constitution.

He said if the Nov 3 PCO was not discarded, it would provide legitimacy to future army chiefs to impose emergency, usurp the basic rights of the people and amend the Constitution, forcing the future governments to follow it.

The center of ‘power gravity’ would remain with the parliament if the judges were restored, otherwise it would shift to streets because the lawyers would not abandon their principled demands at any cost, he said.

“If the leadership of both the parties want the parliament to take a decision on judges’ restoration, we give them a chance,” he said. However, he warned, the tide of the lawyers’ movement would turn against them if they did not reinstate the deposed judges. Mr Ahsan said Justice Iftikhar Muhammad Chaudhry and his three children had been confined to the four walls of their house over the past three and a half months. During this period the children had not only been denied access to their schools, the whole family was without electricity, water and gas.

He condemned a caretaker minister for asking the deposed chief justice to vacate his residence. “If he is interested in getting the official residences vacated, he should get the Army House vacated from Gen (retd) Musharraf first,” Mr Ahsan said.

Former Supreme Court Bar Association (SBCA) president Munir A. Malik said that only an executive order was sufficient to enable deposed judges to assume charge of their offices, but a resolution adopted by newly elected parliament would certainly strengthen the position of judges.

“We believe that judges stood reinstated after the lifting of emergency and only an executive order is sufficient to restore them to the pre-Nov 3 position.

“However, a resolution from parliament will be needed to strengthen this position,” he said.

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Interim govt. trying to make the SC 'validated' amendments a part of constituition

By Nasir Iqbal and Ashraf Mumtaz

ISLAMABAD / LAHORE, Feb 23: Controversy lies in store for the opening session of the new National Assembly as the interim government’s legal experts have decided to get printed a fresh edition of the Constitution, incorporating all amendments introduced by President Pervez Musharraf during the emergency rule.

The question haunting the PML-N and PPP’s legislators-elect alike is: will they take oath under the amended Constitution, which has been ‘validated’ by the Supreme Court?

Both parties have already rejected these amendments and termed them “unconstitutional and invalid”. They contend that the amendments have been made by an individual instead of the parliament.

The government insists the imposition of emergency (on Nov 3), the enforcement of the Provisional Constitution Order, sacking of judges and other steps taken by the president during emergency had been validated by the apex court and made part of the Constitution.

It also asserts that the legislators-elect taking oath under the amended Constitution would, by implication, be endorsing all these steps.

The PPP has said that it would not give a blanket cover to all steps taken by President Musharraf during emergency.

A PML-N leader said on Saturday that the matter was under consideration and some solution would be found by the time the National Assembly holds its inaugural session.

“Obviously (the new version of) the Constitution would contain Article 270AAA under which amendments made before and during the … emergency rule were given perpetual legal cover,” said a senior government official.
Full Story

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PPP now wants 'Restoration of Judiciary'

(The News, Jan, 7): The jolted leadership of Pakistan People’s Party (PPP) is now talking of the restoration of pre-November 3 judiciary in accordance with the will and statement of its martyred leader Benazir Bhutto, which she made on the day of lifting of emergency, but in her own way.

The PPP will have no problem with the restoration of pre-November 3 judiciary which was sacked after the imposition of emergency by the then General Pervez Musharraf if it is done by the parliamentary committees comprising both government and opposition members in the new parliament.

A senior PPP leader when asked about the stance of her party said the party wants complete independence of the judiciary.This point has become the only issue on which the Charter of Demands between the PPP and the APDM was stuck and abandoned.

The text of the Charter, obtained by ‘The News’, shows the APDM wanted this language:

“All Supreme Court and High Court judges who were removed on 3rd November 2007 should be restored.”

The ARD position was:

“The courage and principled position taken by the judges of the superior judiciary who did not take oath under the PCO is recognised. The declaration of emergency dated 3rd November, 2007 issued by the chief of army staff be withdrawn. The Provisional Constitution Order be revoked and independence of the judiciary restored.”

When the PPP leader was asked about this and her party’s planning regarding this, she said that this issue might be discussed in today’s (Wednesday) Central Executive Committee meeting in Naudero. She, however, said that her party would need some time regarding this issue as still they are in mourning.

She disclosed that her party has decided in life time of Benazir Bhutto that even the new appointments in the superior judiciary would be made by the parliamentary committee comprising the parliamentarians from both the government and opposition and there should be no role of any dictator or any one man.

She said that her party wants that this parliamentary committee should even consider the restoration of judges sacked for not taking oath under the first PCO of the then General, Pervez Musharraf, in 2000.

On the other hand Makhdoom Javed Hashmi, vice-president of Pakistan Muslim League-Nawaz (PML-N) told The News Tuesday that restoration of deposed judges would be on top of his party’s campaign in the last six days of electioneering. He said that he hoped that once in the new parliament PPP would definitely support the restoration of sacked judges.

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To Boycott or not to boycott ??

Javed Chaudhary gives his analysis about this mysterious question