Saturday, May 17, 2008, Jamadi-ul-Awwal 10, 1429    

Judges to be restored before budget: Naek

Islamabad—Law Minister Farooq H. Naek has said that the deposed judges would be restored through legal and constitutional means before presentation of budget.
Talking to media here Friday, he said the PPP is committed to the restoration of the judges but there are differences with PML (N) over the mode of restoration.
He said the PML wanted denotification of the existing judges and their reappointment as ad-hoc judges through another notification. He said there is an opinion that this would not be in accordance with the constitution as the constitution provides that ad-hoc judges can be appointed only when quorum of the court is not complete.
The Law Minister said they want to resolve the issue of judges as soon as possible but not through illegal and unconstitutional means.
Replying to a question he said a resolution or bill for restoration of the deposed judges can be introduced in either house of the parliament even before the budget. He said they will consult with the party and efforts would be made to introduce resolution or the bill at the earliest. He, however, said they would not commit themselves to any date.
To another question, he said there are also two opinions whether the restoration should be treated as reinstatement or reappointment. He said he personally feels that the deposed judges should retain their original seniority and entitled to pensionary benefits as per original appointment.
Asked whether the government is contemplating minus one or two formula, the Law Minister said let the parliament discuss and decide the matter as it is the proper forum for the purpose.
About appointment of Governors, the Law Minister said after the 17th amendment it is the discretionary power of the President to appoint provincial Governors.
To a question whether the President consulted the Prime Minister on appointment of the new Governor of the Punjab, he said he doesn’t know but even if there was any consultation it was not binding on the President.—NNI