Dr Abdul Wahid Soomro (MNA Pakistan Peoples Party)

ISLAMABAD: The Supreme Court of Pakistan on Friday issued a “restraining order”, instructing the top functionaries of the government against taking any action to revoke the earlier notification about restoration of members of the superior judiciary.
The order by the Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry, was issued after an extra-ordinary hearing by a 17-member larger bench to review the news about any such government move, and after not receiving any satisfactory response from Prime Minister Yousuf Raza Gilani in this regard.
The “restraining order” was nothing short of a stern warning by the country’s highest court, as it declared that dismissing any judge through an executive order will not only be unconstitutional, it will be in violation of the Supreme Court’s judgement of July 31, and will amount to subversion of the Constitution, and an act of high treason.
The Chief Justice also issued instructions that the latest order be immediately dispatched to all functionaries of the government, suggesting that the President, Prime Minister and all top officials dealing with such issues be made aware of the consequences of any attempt to undermine the superior judiciary.
Earlier during the hearing on Friday morning the judges of the apex court expressed their serious concerns on the reports of a possible move by the government to withdraw the notification through which judges of the Supreme Court and High Courts, who were dismissed by General Pervez Musharraf, were restored.
Even though the Attorney-General repeatedly informed the apex court judges that no such move was being contemplated by the government, and the hype was unnecessarily created by a section of the media, the Chief Justice asked for a written assurance by the Prime Minister. When the court reassembled after the break, it was informed by the Attorney-General that the Prime Minister was not available but the message had been conveyed to him through his staff. On that the judges expressed their extreme annoyance, prompting them to issue the “restraining order”.
The government was also asked through this order to come up with a satisfactory reply by October 18.
The high-drama revolving round the possible government move started late last night with a couple of television channels broadcasting news that Prime Minister Yousuf Raza Gilani was planning to revoke the earlier notification. And even though Prime Minister Gilani and Information Minister Qamar Zaman Kaira had denied such reports, the apex court judges assembled in the court in the night, and in a post-midnight decision, set up a larger bench of 17 judges to take up the matter on Friday.
Sources