ISLAMABAD, March 27: The Pakistan People’s Party and the Pakistan Muslim League-N, the two major ruling coalition parties which have pledged to the nation to reinstate the deposed judges through a National Assembly resolution within 30 days of the formation of their government, have not yet approved the draft of the resolution, sources told Dawn here on Thursday.

Leaders of the two parties, when contacted, said that so far they had not even discussed the language of the resolution or how would the judges be restored.

“We have not so far found time to discuss the issue of resolution. We have been engaged in other important matters, related to the formation of the coalition government,” said a PPP leader.

Interestingly, the PPP leader argued that the 30-day period had not started yet because the government formation would be completed with the appointment of the cabinet.

A senior PML-N leader also confirmed that so far the two parties had not discussed the draft of the resolution for reinstating the judges. He, however, expressed the hope that a day or two after the formation of the cabinet the two sides would focus on the resolution.

When asked whether the draft resolution prepared by constitutional expert and former judge Fakharuddin G. Ibrahim would be approved, the PPP and PML-N leaders gave different answers.

The PML-N leader said the draft prepared by Justice Fakharuddin G. Ibrahim was acceptable to his party and it should be adopted without any change.

On the other hand, the PPP leader said there were a number of drafts of the posed resolution and the party would take a final decision only after debating the matter with the PML-N and other coalition partners.

The following is the complete text of the draft prepared by Justice (retd) Fakharuddin G. Ibrahim:

Whereas, we the elected representatives of the people of the Islamic Republic of Pakistan acknowledge and honour the long and arduous struggle for the return to democracy and rule of law by the legal fraternity, civil society and the ordinary citizens of our beloved country;

And whereas, we pay tribute to Benazir Bhutto and thousands of brave political activists across the country who made the ultimate sacrifice and laid down their lives or suffered imprisonment for the cause of restoration of parliamentary democracy and the rule of law in Pakistan;

We shall not let their sacrifices go in vain.

And whereas, this assembly is mindful that the foundation of democracy cannot survive without a return to the rule of law. We are mindful that the rule of law cannot survive the rule of the gun unless we have an independent judiciary. And, we are cognizant that we shall never have an independent judiciary if the Judges of the Superior Courts of this country are imprisoned at the whims of a lone individual.

And whereas, we as Members of the National Assembly have taken oath to “preserve, protect and defend the Constitution of the Islamic Republic of Pakistan” and we shall not waiver from this oath.

And whereas, Article 209(7) of the Constitution provides in no uncertain terms that “a Judge of the Supreme Court or of a High Court shall not be removed from office except as provided in this article’. Therefore, as opined unanimously by leading former Chief Justices and Judges of the Supreme Court of Pakistan, the actions of 3rd November 2007, seeking to remove and restrain the Chief Justices and Judges of the Supreme Court of Pakistan and the provincial High Courts is void ab initio and has no sanctity in law.

We, therefore, bound by our constitutional oath and the mandate given by the people of Pakistan on February 18, 2008, do hereby resolve and call upon the federal government to remove all illegal restrictions placed on the chief justices and judges of the Supreme Court of Pakistan and the provincial High Courts on and after 3rd November 2007 with immediate effect.

History shall not forgive those who even now may seek to obstruct the irreversible path to constitutional rule in our great country.

Therefore, we further resolve, and call upon the federal government to perform its obligation under Article 190 of the Constitution and act in aid of the Chief Justices and the Judges of the Supreme Court of Pakistan and the provincial High Courts who were illegally restrained on and after 3rd November 2007 so that they may resume their judicial functions in accordance with the provisions of the Constitution.”