If experts are to be believed, the Pakistan Army could be called in to restore the Judges who were sacked by President-General Pervez Musharraf on November 3 last year.
Islamabad, Mar 18 : If experts are to be believed, the Pakistan Army could be called in to restore the Judges who were sacked by President-General Pervez Musharraf on November 3 last year.
Pakistan's Army Chief General Ashfaq Pervez Kayani faces a crisis of sorts in this regard, as he is known as a confidante of Musharraf.
The PPP and the PML-N have already committed on March that they would restore the pre-November 3 judiciary through a parliamentary resolution.
If the Chief Justice decides to invoke Article 190 of the Constitution which says, "All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court and calls the Army in aid of the apex court, then such a thing would happen for the second time in the history of Pakistan."
Article 190 of the Constitution however says that the Army cannot be called directly as such a request has to be routed through the Executive. Some constitutional experts argue that can the Supreme Court directly call in the Army.
"The Army could not only be called to act in aid of the Supreme Court, but also be ordered by the Supreme Court to do the same," The News quoted a legal advisor as saying.
There are fears in the official circles that the stage is being set for a declaration of emergency again. A situation is being created for the caretaker prime minister to advise the president to promulgate an emergency in the country.
Twenty two retired judges of the Supreme Court, including six former chief justices of Pakistan, have supported the idea of restoring the deposed judges' through an executive order or a parliamentary resolution.
They said their reinstatement did not require Constitutional amendment. All former judges have termed the November 3 action unconstitutional.
The PPP, the PML-N and the legal fraternity is not seeking the removal of PCO judges who took oath under the Constitution after November 3.
ANI