Justice Nisar refused to take oath as acting chief justice of the high court and also conveyed his message to Chief Justice Iftikhar Chaudhry. -File Photo
LAHORE Judges of the Lahore High Court once again demonstrated unity in their ranks by resisting the president's move to elevate LHC Chief Justice Khawaja Mohammad Sharif to the Supreme Court and to appoint Justice Saqib Nisar in his place.

The defiance recalled Nov 3, 2007, when a number of judges of the High Court opposed former president Pervez Musharraf 's imposition of emergency.

Justice Nisar refused to take oath as acting chief justice of the high court and also conveyed his message to Chief Justice of Pakistan.

Soon after the issuance of the presidential notification, an emergent meeting of LHC judges, available in Lahore, was convened at the GOR-I residence of Chief Justice Khawaja Mohammad Sharif.

Justice Mian Saqib Nisar, Justice Ijazul Ahsan and others attended the meeting and reposed confidence in the Chief Justice of Pakistan by refusing to obey the presidential decision. Some senior officials of the LHC also attended the meeting.

The meeting went on till the suspension of the order by the Supreme Court.

Meanwhile, lawyers gathered outside the Lahore High Court and expressed their support for Justice Iftikhar Chaudhry.

They vowed to launch a movement against the government on the lines of the one launched in the wake of the CJ's unconstitutional dismissal by Pervez Musharraf on March 9, 2007.

The lawyers chanted slogans in favour of the judiciary and against President Asif Ali Zardari.

Hamid Khan, a prominent lawyer, condemned the president's move, terming it against the Constitution.

He said that according to the 1996 ruling in Al Jihad Trust case and under Article 177 of the Constitution, the president was bound to consult the Chief Justice Pakistan.

He said the government wanted to pit institutions against one another.

Senior lawyer Ashtar Ausaf said the most senior judge of a high court could be elevated as apex court judge but for this the recommendations of CJP was paramount. Advocate Fawad Chaudhry said the notification of judges' elevation was in accordance with constitutional provisions. He said even according to article 206 of the constitution, a judge stands retired after refusing to accept the decision of elevation.

He further said that the judiciary should not become a party to the executive's decision-making.

The People Lawyers Forum also supported the presidential move, claiming that the decision was in accordance with the Constitution and the SC's judgments.

Opinion

Editorial

A hasty retreat
Updated 28 Nov, 2024

A hasty retreat

Govt should not extend its campaign of violence against PTI and its leaders, thinking it now has the upper hand. Enough is enough.
Lebanon truce
28 Nov, 2024

Lebanon truce

WILL it hold? That is the question many in the Middle East and beyond will be asking after a 60-day ceasefire ...
MDR anomaly removed
28 Nov, 2024

MDR anomaly removed

THE State Bank’s decision to remove its minimum deposit rate requirement for conventional banks on deposits from...
Islamabad march
Updated 27 Nov, 2024

Islamabad march

WITH emotions running high, chaos closes in. As these words were being written, rumours and speculation were all...
Policing the internet
27 Nov, 2024

Policing the internet

IT is chilling to witness how Pakistan — a nation that embraced the freedoms of modern democracy, and the tech ...
Correcting sports priorities
27 Nov, 2024

Correcting sports priorities

IT has been a lingering battle that has cast a shadow over sports in Pakistan: who are the national sports...