Three PHC judges to take fresh oath

Published September 5, 2008

PESHAWAR, Sept 4 Three of the four deposed judges of the Peshawar High Court, including Chief Justice Tariq Pervez Khan, are reported to have agreed to take fresh oath.

Officials said on Thursday that the judges were likely to take oath on Friday after the federal government issued a notification.

“I have given my consent to the federal government for taking oath under the Constitution,” Justice Tariq Pervez told Dawn.

He said the government had been in contact with him for a couple of days and he was told that he would be reinstated as the chief justice. However, he said, he was not informed when would the oath-taking ceremony take place.

The other two judges -- Justice Shahjehan Khan and Justice Dost Muhammad Khan -- told journalists that they had not been contacted, but said that they would take a decision in consultation with Justice Tariq.

However, the officials said that the judges had agreed to take fresh oath.

Only Justice Ijaz Afzal Khan declined to take fresh oath. “I won't take oath unless Justice Iftikhar Mohammad Chaudhry is restored,” he said.

Some lawyers are reported to have tried to persuade Justice Afzal to take oath but he refused to do so.

Sources said that the federal law minister was also in touch with the deposed judges of the Supreme Court and most of them were likely to take fresh oath.

The four PHC judges had refused to take oath under the Provisional Constitution Order imposed by former president Pervez Musharraf on Nov 3 last year.

Justice Tallat Qayyum Qureshi was appointed the chief justice under the PCO. Later, the judges took oath under the Constitution after the emergency was lifted. Justice Tallat Qayyum died on Jan 18 and Justice Mohammad Raza Khan took over as chief justice. He attained superannuation on Aug 7.

“The reinstatement of these judges is a welcome step but the way they have been asked to take fresh oath was wrong,” said Abdul Lateef Afridi, president of the Peshawar High Court Bar Association.

He said that the lawyers' movement would continue till the reinstatement of Justice Iftikhar.

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