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Justice Dogar to challenge CJ Chaudhrys appointment
http://www.thenews.com.pk/daily_detail.asp?id=196714
Saturday, September 05, 2009
By Sohail Khan
ISLAMABAD: Finally, the sacked Chief Justice, Abdul Hameed Dogar, has decided to stand up against his removal and challenge the appointment of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry in the apex court next week, The News has learnt.
Sources confided to this correspondent on Friday that former chief justice Dogar would file a constitutional petition under Article 184(3) of the Constitution, challenging the appointment of the sitting chief justice in the nature of co-warranto.
The sources further said that the sacked chief justice was also expected to file a review petition in the Supreme Court against the apex courts historic judgment of July 31 that declared the steps taken on November 3, 2007, by former military dictator General (retd) Pervez Musharraf were unconstitutional.
After consulting eminent lawyers Abdul Hafiz Pirzada and retired judge and former Attorney General Malik Qayyum, Justice Abdul Hameed Dogar has assigned the task to Raja Abdur Rehman, former deputy attorney general, to draft the constitutional petition. It is most likely that the petition would be filed next week in the apex court.
Sources said that Malik Muhammad Qayyum, who was currently in Saudi Arabia, was in close coordination with Raja Abdur Rehman, who was drafting the petition and final touches would be given to the petition after the return of Malik Muhammad Qayyum.
In his petition, Justice Dogar would raise the point concerning the appointment of the chief justice of Pakistan, stating that Justice Iftikhar Muhammad Chaudhry seized to hold the office as the chief justice of Pakistan as he did not take oath under the Provisional Constitution Order (PCO) on November 3, 2007, whereas he (Dogar) took oath under the PCO.
Similarly, the sources revealed that the petition would also raise objection to the observation made in the judgment of July 31, 2009, stating that the office of chief justice of Pakistan did not remain vacant as such and his (Dogar) induction as the CJP was unconstitutional.
As for restoration of judges, it would be contended in the petition that it had no sanctity in the Constitution. The sources further said that the constitutional petition would also refer to assuming the office of chief justice of Pakistan by Justice Iftikhar Chaudhry for one week meaning that he had accepted Justice Dogar as the CJP.
Justice Abdul Hameed Dogar would also raise the issue of fresh oath of office of Justice Chaudhry, besides raising objection that no fresh notification was issued for his appointment. It would also be contended in the petition that while protection was provided in July 31, 2009, verdict of the apex court, but at the same time all the judges had been removed who took oath under the PCO and who were inducted on the recommendation of Justice Dogar.
http://www.thenews.com.pk/daily_detail.asp?id=196714
Saturday, September 05, 2009
By Sohail Khan
ISLAMABAD: Finally, the sacked Chief Justice, Abdul Hameed Dogar, has decided to stand up against his removal and challenge the appointment of Chief Justice of Pakistan Iftikhar Muhammad Chaudhry in the apex court next week, The News has learnt.
Sources confided to this correspondent on Friday that former chief justice Dogar would file a constitutional petition under Article 184(3) of the Constitution, challenging the appointment of the sitting chief justice in the nature of co-warranto.
The sources further said that the sacked chief justice was also expected to file a review petition in the Supreme Court against the apex courts historic judgment of July 31 that declared the steps taken on November 3, 2007, by former military dictator General (retd) Pervez Musharraf were unconstitutional.
After consulting eminent lawyers Abdul Hafiz Pirzada and retired judge and former Attorney General Malik Qayyum, Justice Abdul Hameed Dogar has assigned the task to Raja Abdur Rehman, former deputy attorney general, to draft the constitutional petition. It is most likely that the petition would be filed next week in the apex court.
Sources said that Malik Muhammad Qayyum, who was currently in Saudi Arabia, was in close coordination with Raja Abdur Rehman, who was drafting the petition and final touches would be given to the petition after the return of Malik Muhammad Qayyum.
In his petition, Justice Dogar would raise the point concerning the appointment of the chief justice of Pakistan, stating that Justice Iftikhar Muhammad Chaudhry seized to hold the office as the chief justice of Pakistan as he did not take oath under the Provisional Constitution Order (PCO) on November 3, 2007, whereas he (Dogar) took oath under the PCO.
Similarly, the sources revealed that the petition would also raise objection to the observation made in the judgment of July 31, 2009, stating that the office of chief justice of Pakistan did not remain vacant as such and his (Dogar) induction as the CJP was unconstitutional.
As for restoration of judges, it would be contended in the petition that it had no sanctity in the Constitution. The sources further said that the constitutional petition would also refer to assuming the office of chief justice of Pakistan by Justice Iftikhar Chaudhry for one week meaning that he had accepted Justice Dogar as the CJP.
Justice Abdul Hameed Dogar would also raise the issue of fresh oath of office of Justice Chaudhry, besides raising objection that no fresh notification was issued for his appointment. It would also be contended in the petition that while protection was provided in July 31, 2009, verdict of the apex court, but at the same time all the judges had been removed who took oath under the PCO and who were inducted on the recommendation of Justice Dogar.
