PAKISTANI people are now fed up with the countdown game. The six-point Murree Declaration was announced in March with a 30-day deadline. There were discussions and more discussions ad infinitum. Afterwards debates were held in Dubai for hours and hours. Finally, the date and modus operandi for the restoration of judges were finalized during the marathon meetings between Nawaz Sharif and Asif Zardari. Announcement was made that all deposed judges would be reinstated on May 12. Long procedures follow the declaration. A consensus resolution for the restoration of judges will be presented in the National Assembly on May 12. A committee has been formed to review all aspects of this resolution, which has to be approved by the National Assembly in accordance with the Murree Declaration. The government will issue a notification to this effect on the same day. Here the question arises that if the judges would have to be restored by this simple resolution then what was the need for a 30-day deadline earlier? It seems that the coalition government thinks that Pakistan has no other problems except the issue of the restoration of judges. How can the government ignore other pressing issues like poverty, inflation, crime, terrorism etc.? Until the end of this year, it was expected that Pakistan would suffer financial damages of more than $11 billion. Nawaz Sharif announced that some compromises have to be made to accomplish bigger and greater objectives and that it has been the goal of his party to get the sacked judges restored. Therefore, Zardari has conceded to this demand. Well, finding a middle path is a good sign but what are these compromises? It seems that the most crucial and apparent compromise is that judiciary as it was on Nov. 2 would not be restored and Murree Declaration has been altered under the name of adjustments and compromises. However, Nawaz Sharif stressed that judges would be restored as per Nov. 2 status. But many lawyers say that the PCO judges have no right to stay in current position under the terms of Murree Declaration. Sacked judges accepted Murree Declaration because they thought that after the implementation, judges who took oath on Nov. 3 under PCO would be referred by them to the Supreme Judicial Council to be sued for their misconduct for the violation of rules. But the Dubai announcement has disappointed the lawyers' groups, which want a clear-cut reinstatement of all judges. They want that all the judges who were sacked should be reinstated unconditionally and without exception. If one of them or some of them are left out, then the Pakistan People's Party and Pakistan Muslim League-N would be doing exactly what President Musharraf did, which is, to “pick and choose between the judges.” In fact, in this announcement PML-N had recognized the judges who accepted PCO and this discrimination in itself clouds Nawaz Sharif's stand that the firing of 60 judges by an army chief was wrong and must be reversed in full. Actually, many deposed judges declared that they would not enter the Supreme Court to work along with PCO judges even if they get reinstated. What adds to the puzzle is the announcement of the exact date for the restoration of judges. There is a difference between restoration and functional status of judges. Reinstatement of judiciary can be effective only through a resolution, after which a notification would be issued. But according to the Judges Act, the total strength of the judges of the Supreme Court has been determined at 17. When sacked judges are reinstated, the bench strength of the Supreme Court would rise to 27. To increase the number of judges of the Supreme Court, it would require a Constitutional amendment, which would take time. A bill would be required for the purpose, which would have to be signed by the president after being passed by National Assembly and Senate. If the president refuses to sign the bill within three days, it would automatically go back to another session of National Assembly, and if passed it would have to be signed by the president, taking the form of an Act. Deadlines and countdowns, yet again. It seems this is the fate of Pakistan. __
