It was the sixth date of hearing on Tuesday and after at least more than 23 days, the bench dismissed the petitions as being non-maintainable under the PCO and emergency, while no written comments were filed by the respondent in spite of availing many chances. The detailed judgment in the petitions will be given later by the court.

http://www.thenews.com.pk/top_story_detail.asp?Id=11547

ISLAMABAD: The Supreme Court on Tuesday returned the constitutional petition challenging the closure of TV channels as well as amending the provisions of the Pemra Ordinance 2002 with the objections that the petition was not maintainable as the petitioner had no locus standi to file it.

A letter addressed to Advocate-on-Record (AOR) of the Supreme Court Ejaz Muhammad Khan, a copy of which is available with The News, stated that the said constitutional petition filed by him under Article 184(3) of the Constitution was not entertainable as prima facie the petitioner had no locus standi to file it.

It was further stated that the constitutional petition had been filed under Article 184(3) of the Constitution but after the promulgation of Provisional Constitution Order (PCO), the scope of the said article of the Constitution had been curtailed.

Similarly, the advocate-on-record was also informed that he had not provided the certificate as required under Order XXV Rule 6 of the Supreme Court Rules 1980. “The constitutional petition is therefore, returned herewith in original being not entertainable along with its paper books,” says the letter.

Restrictions on TV channels clamped on November 3 after the proclamation of emergency and the imposition of the PCO were challenged in the Supreme Court, praying that restrictions on the channels be declared illegal, void and without lawful authority.

The petition was filed in the superior court the other day by Qazi Sheharyar Iqbal, advocate, praying the apex court that the blocked TV channels should be allowed to start their normal operations so as to enable the people of Pakistan to enjoy their right of choice of information and freedom of speech and expression.

The petition was filed under Article 184(3) of the Constitution, making the Federation of Pakistan through the secretary Ministry of Information and the Pakistan Electronic Media Regulatory Authority (Pemra) through its chairman as respondents.

The petitioner had challenged the promulgation of Ordinance, LXV of 2007 whereby the provisions of the Pemra Ordinance, 2002 were further amended.

He had prayed to the court to strike down the provisions of Sections 20 and 33 of the ordinance of 2002 and other provisions being unreasonable restrictions on the freedom of speech and expression guaranteed under the Constitution along with any further relief which the court considered just and proper in the facts and circumstance of the case.

http://www.thenews.com.pk/top_story_detail.asp?Id=11540

12 SHC, 10 LHC, two PHC judges had refused to take oath under PCO

ISLAMABAD: The government on Tuesday issued a notification of retirement of 24 High Court judges who did not take oath under the Provisional Constitution Order (PCO).

According to the notification issued by the Ministry of Law, the judges who stand retired include 12 judges of the Sindh High Court (SHC), 10 of the Lahore High Court (LHC) and two judges of the Peshawar High Court (PHC).

The retired Sindh High Court judges are Justice Ahmed Hussain Jaffery, Justice Khilji Arif Hussain, Justice Amir Hani Muslim, Justice Gulzar Ahmed, Justice Maqbool Baqar, Justice Muhammad Athar Saeed, Justice Faisal Arab, Justice Sajjad Ali Shah, Justice Zafar Khan Sherwani, Justice Salman Ansari, Justice Abdul Rasheed Kalhwar, and Justice Arshad Siraj.

The Lahore High Court judges who have been retired are Justice Khwaja Muhammad Sharif, Justice Saqib Nisar, Justice Asif Khosa, Justice Muhammad Tahir Ali, Justice Ijaz Ahmed Chaudhry, Justice M A Shahid Siddiqui, Justice Muhammad Jahangir Arshad, Justice Iqbal Hameed-ur-Rehman, Justice Muhammad Ata Bandial and Justice Shaikh Azmat Saeed.

Two judges of the Peshawar High Court Justice Ejaz Afzal Khan and Justice Dost Muhammad were also included in the list of retired judges. Online adds: More than 60 judges including Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry, Chief Justice Sindh High Court Justice Sabih Uddin Ahmed and Chief Justice Peshawar High Court Justice Tariq Pervez refused to take oath under the PCO following its promulgation and imposition of emergency rule in the country on November 03.

According to Attorney General Malik Qayyum, the services of these judges were terminated the moment they refused to take fresh oath under the PCO while the notification issued by the law ministry on Tuesday was aimed to complete the official proceedings.

Sources told the Online that the president was not ready to accept the demand of different circles with regard to the reinstatement of the deposed judges of the Supreme Court and the high courts. After lifting emergency and the end of the PCO on December 16, the deposed judges will not be reinstated because their services have been terminated.

ISLAMABAD: The Supreme Court has allotted residences of deposed judges to newly appointed judges, who took oath under the Provisional Constitution Order (PCO).

However, the residence of deposed chief justice Iftikhar Muhammad Chaudhry has not been allotted to Justice Abdul Hameed Dogar, the new chief justice of post-Nov 3 Supreme Court.

The assistant registrar, who issued this office order, was reluctant to speak on the subject. The Supreme Court registrar was not available for comments while the PRO denied any knowledge about this development. An honourable deposed judge, Justice Rana Bhagwandas, confirmed to The News having received a written intimation in this regard from the court and termed it a pressure tactic.

Justice Bhagwandas, however, told The News that their residences had been allotted to the new PCO judges despite availability of a number of bungalows lying vacant nearby and were sufficient to accommodate new comers.

Even the residence of a deposed judge, Justice Javed Iqbal, has been allotted to a veteran PCO judge, Justice Faqir Mohammad Khokhar, already residing in the Judges Enclave. Khokhar's present bungalow has been designated to a new PCO judge, Justice Qaim Jan.

The bungalow of another deposed judge, Sardar Raza Muhammad Khan, has been allotted to Musa Leghari, a newly appointed Supreme Court judge.

Ejazul Hassan, another newly appointed judge, has been allotted the residence of the deposed judge, Shakirullah Jan. Justice Shabbir Akhtar has been allotted the bungalow of deposed judge Tasadduq Jillani.Deposed Justice Ghulam Rabbani's bungalow has been allotted to Justice Zia Pervez.

About the chief justice's residence, he said it was a designated house for the chief justice and has not been allotted to Justice Dogar.

Justice Bhagwandas, however, said the official letter he and other colleagues received did not mention any time frame to vacate the residences. "By making new allotments, they seem to have implied as if the residences were lying vacant," he said. Presently, there are 18 bungalows in the Judges Enclave. One each has been allotted to Federal Shariat Court's Chief Justice Fida Muhammad Khan and Federal Tax Ombudsman Justice Munir A Sheikh.

London: Pakistanis living in London have mounted a counter campaign against the week-long visit of former ISI chief Lt-General (retired) Javed Ashraf Qazi and former State Information Minister Tariq Azim, who appears to be on a PR job for President Pervez Musharraf.

The Campaign Against Martial Law in Pakistan (CAMLP), a recently formed group of Pakistani students, lawyers, doctors, journalists and civil society activists in the UK, have sent protest notes to all those British officials and non-officials who have consented to meet Musharraf's special envoys.

The group has also chalked out an elaborate programme to stage protest demonstrations in front of all the meeting venues where the two would be visiting to present their version of what is happening in Pakistan.

On Tuesday, Qazi and Azim, met Lord Mark Malloch Brown, Minister of State for Africa, Asia and United Nations, MP Khalid Mahmood, members of All Party Parliamentary Group, and Mike Gapes, Chairman Foreign Affairs Committee of House of Commons and members of Pakistani community.

On Wednesday, Azim would be participating in a panel discussion on 'The plight of Pakistani media under emergency rule' at the Foreign Press Association.

Ali Dayan of Human Rights Watch would present the Pakistani media's case and Azim will defend Musharraf's current media policy.

On the same day, the special envoys would meet the members of the Pakistan-British Trade and Investment Forum at the Asia House, the Dawn reported.

Karachi, Dec 5: The United States Consul General, K Anski, has hoped that President Pervez Musharraf would lift the emergency and the Provisional Constitutional Order (PCO) on December 16.

Anski said she was visiting various parts of the country, particularly the Sindh province, and had found that Musharraf had taken some steps which might rightly be described as confidence building measures, something the US Government is really interested in.

She suggested that the political parties should take part in the January 8 general election.

Anski said Musharraf had assured the international community of holding fair, free and transparent elections in Pakistan.

She said the US also was deeply concerned about the arrest of political leaders, lawyers and civil society representatives and wanted immediate release of all such prisoners.

Commenting on the freedom of media, Anski said lifting the emergency would ultimately relax the ban on media, The News reported.

She said the US government had reiterated upon Musharraf to restore the transmission of Geo News without any further delay.