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.
