ISLAMABAD, Sept 5: Deposed Chief Justice Iftikhar Mohammad Chaudhry stood virtually isolated on Friday when three of his brother judges sacked by former president Pervez Musharraf took a fresh oath and assumed their positions as judges of the Supreme Court with their seniority intact.

Chief Justice Abdul Hameed Dogar administered the oath to Justice Mian Shakirullah Jan, Justice Tasadduq Hussain Jillani and Justice Syed Jamshed Ali at a ceremony held in the Supreme Court.

“The president has been pleased to re-appoint the following former deposed judges of the Supreme Court of Pakistan with effect from the date they take oath of their offices,” said an announcement by the law and justice division.

Sources said four more judges were likely to join the court on Monday or Tuesday.

Unconfirmed reports suggested that Justice Sardar Mohammad Raza Khan and Justice Nasirul Mulk were likely to take the oath along with deposed Chief Justice of Sindh High Court Sabihuddin Ahmed and his senior colleague Justice Sarmad Jalal Usmani who would be elevated to the apex court.

If the four judges are appointed, the number of judges in the Supreme Court would rise to 20. The government had increased the sanctioned strength of the court to 29 judges through the Finance Bill on June 23.

“I was sacked but now I will go home with dignity after getting retired,” Justice Jamshed told reporters after the ceremony. He is due to retire on Sept 30.

He said he had been removed by a dictator but reinstated by a democratic government.

The judge was happy with the notification that ensured that his seniority would be maintained as it was on Nov 2, 2007.

When Justice Tasadduq was approached, he said: “Good to see you again.”

When Law Minister Farooq Naek was asked why were the judges being appointed in this manner when the government had claimed that they would be reinstated through a constitutional package, he said the government had to re-appoint them because no suggestions or amendments were forthcoming from the coalition partners to improve the proposed package.

When asked about the position of Justice Iftikhar if he also decided to take a fresh oath, the minister said: “Let him take the oath first and then we will decide about his fate.” He said the oath of a judge of the Supreme Court was different from that of the chief justice.

Mr Naek said Justice Dogar was the constitutional chief justice and reinstatement of Justice Iftikhar would create a constitutional impasse.

“That is why I am asking the lawyers’ community to sit with us and devise a way out of this difficulty, instead of resorting to agitation and confrontation,” he said.

Meanwhile, Athar Minallah, spokesman for the deposed chief justice, said Justice Iftikhar was still in high spirits because he had taken a clear stand for the supremacy of the Constitution and rule of law.

He said Justice Iftikhar had always rejected offers made to him and chosen not to compromise on his principled stand and let the lawyers and the nation down.

Mr Minallah was of the view that the fresh oath by the judges was an unfortunate incident because through this action they had converted the first failed martial law in Pakistan’s history into a successful action.

Their action would jeopardise the future of democracy, particularly the supremacy of parliament by setting a horrific precedent, he said.

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