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Pakistan law minister insists ousted judges 'reappointed', not reinstated

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] Pakistani Minister for Law and Justice Farooq Naek told reporters Friday that the superior court judges the government had returned to office after their November 2007 ouster under then-president Pervez Musharraf's declaration of emergency rule had been 'reappointed', not reinstated, because Pakistan's constitution does not provide for such a procedure. Naek also rejected the latest claim by ousted chief justice Iftikhar Mohammed Chaudhry that his removal was unconstitutional. Naek urged members of the lawyers' movement calling for Chaudhry's reinstatement to seek justice in the courts, rather than in the streets. In December, the Pakistan Bar Council (PBC) voted down a challenge to the constitutionality of the appointment of current Pakistan chief justice Abdul Hameed Dogar. Although Pakistani officials have now restored most of the more than 60 judges ousted by Musharraf, Naek has repeatedly insisted that Chaudhry will not be returned to office because Dogar was legitimately appointed.

Full post as published by JURIST - The Paper Chase on January 30, 2009 (boomark / email).