Going around in Circles
By Col. Riaz Jafri (Retd.)
Rawalpindi , Pakistan
Former Attorney General Malik Qayyum says, “Everybody accepted Justice Dogar as the Chief Justice of Pakistan”. The Honorable Justice Ramday says, “Dogar not accepted as CJP”. Malik Qayyum argues that if Justice Dogar is not accepted as the CJ the Presidential oath administered by him to President Zardari will also be considered void. If oath is void then the presidential order of 16 March 2009 reinstating the present Chief Justice of Pakistan too will be ultra vires.
Talking of the reinstatement on 16 March 2009, why was Justice Dogar allowed to retain the office of CJP till he retired on 24 March 2009 or so? Were there two Chief Justices of the Supreme Court of Pakistan during the period 16 March to 24 March 2009?
I, as a layman, would most respectfully ask someone who can answer that if the present CJP agreed, consented, conceded and allowed Justice Dogar to keep working as the CJP for another week till his retirement, then does it not tantamount to his accepting Justice Dogar as the de facto CJP? And, if Justice Dogar was the CJP then could he or did he not revalidate General Musharraf’s actions that are being challenged in court now?
Leaving apart thousands of cases decided by him or under him, what will be the fate of the hundreds of cases decided by the SC benches constituted or presided over by Justice Dogar during the period 16 March to 24 March 2009 alone?
I am totally confused and my mind is going around in circles!
