Islamabad May 12, 2008: Pakistan Peoples Party has said that the decision by the coalition partner PML-N to tender resignations from the federal cabinet was only a pause in the process and not a break in the purpose of restoration of judges and strengthening the Parliament.

In a statement today spokesperson of the Party former Senator Farhatullah Babar said that the decision would weaken neither the determination to strengthen the coalition nor the resolve to restore the sacked Judges.

He said that the Ministries vacated by the PML-N will not be filled and the course of dialogue will be pursued to resolve the issue amicably and in a spirit of accommodation and mutual trust.

However, it may not be possible to keep vacant for long the office of Minister of Finance as this is the budget season and there are pressing economic issues that call for the effective presence a full time Minister for Finance.

He said that the PPP welcomes the decision the Mian Nawaz Sharif to contest bye-elections from Rawalpindi and said that the PPP would not put up its candidate against the PML-N Quaid.

The Party has also decided not to withdraw its support to the coalition government in Punjab.

The spokesperson said that the Party still believes that the issue with the coalition partner would be resolved amicably and the judges restored. The effects of the martial law of November 3 and the illegal sacking of judges should be undone in a legal and lawful manner.

He said that after it had been agreed upon that the sacked judges would be reinstated without affecting the present judges, the issue that remained to be addressed was how best to do it. Different opinions were expressed in the Committee of legal experts set up for the purpose after the meetings in Dubai, he said.

Elaborating, he said that by restoring the Nov 2 judges and also keeping the present judges intact, as agreed, the number of the judges in the SC would increase to more than 25. However, under the Judges Act 1997 the number of SC judges can be no more than seventeen, he said.

A predominant opinion is that the implementation of the Resolution would require an amendment in the Judges Act 1997 to permit for more than 17 judges as allowed under the Act at present.

The Prime Minister cannot lawfully increase the number of judges of Supreme Court from 17 to more than 25 merely by issuing an executive order. It has to be done through an Act of the Parliament.

The spokesperson said that the action of Nov 3 designed to sack judges was wrong constitutionally, politically and morally. Therefore there was no doubt that the sacked judges have to be restored and the constitutional amendments, decisions and orders made after Nov 3 be reversed if not indemnified by the Parliament. The only question is how best to do it.

It is important that correct and lawful procedures were adopted to undo a grave wrong, he said. He said that the PPP Co-chairman would return to Pakistan in the next two days and dialogue resumed with the PML-N.
 
 

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