Friday, September 04, 2009
By Jamal Khurshid

Karachi

Attorney General (AG) of Pakistan Senator Latif Khosa said that there was no bar on reappointment of judges in the superior courts who were appointed with the consultation of former Chief Justice Abdul Hameed Dogar after restoration of the Constitution.

“Those judges who were appointed after the lifting of November 3 Provisional Constitution (PCO) Order and restoration of the Constitution but ceased to hold office following the Supreme Court’s (SC) judgment could not be called PCO judges,” the AG replied to a query regarding possibility of reappointment of judges who were appointed during Justice Dogar’s tenure. The AG said that there was no restriction to consider the names of those judges for fresh appointment as they could not take oath under the PCO but their consultation was made through the then Chief Justice Abdul Hameed Dogar and some of the judges were also in the list for fresh appointment. To a query about his opinion whether Justice Dogar retired as Chief Justice or not, he said that as per March 17’s notification he was retired as Chief Justice on March 23 but he made it clear that it was not his legal or the Constitutional opinion.

On appointment of fresh judges for the superior courts, the AG said that recommendations had been sent to the President and the other constitutional consultees by the Chief Justices of the provinces and appointment process were under way.

He said that as many as 103 judges of the superior courts had ceased to hold office after the SC judgment and all vacant office of High Court judges could not be fulfilled at once but such exercise to be made phase wise.

To a query, he said that the government was providing legal assistance to Dr Afiya Siddiqi, who was incarcerated in the US, and the government would leave no stone unturned to protect the rights of its citizens.

Regarding dispute between Port Qasim and the Sindh government over claim of island, he said that he was appointed by the prime minister to settle the dispute and he would give his findings to him after hearing the other concerned parties within a week.

Earlier, the AG assured the Sindh High Court’s Division Bench that, immediate remedial measures to be taken and the federal government functionaries and department to be cautioned to be careful in future in protecting public rights and interest. The court apprised him of lack of assistance from the law officer of the federal government in cases where interest of the federal government, are involved.