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Irshad becomes Chief Justice: Saeed refuses to take new oath

MEHMUD AHMED

ISLAMABAD: Justice Irshad Hassan Khan, the puisne judge of the Supreme Court, has become the new Chief Justice of Pakistan after Justice Saeeduzzaman Siddiqui refused to take oath on the format prescribed under the Provisional Constitutional Order.

Six other judges - Justice Mohammad Bashir Jehangiri, Justice Sheikh Ejaz Nisar, Justice Abdur Rahman Khan, Justice Sheikh Riaz Ahmed, Justice Chaudhary Mohammad Arif and Justice Munir A Sheikh - following Chief Justice Irshad Hassan Khan, took oath.

The five judges, who declined the invitation to take oath were Justice Khalilur Rahman Khan, Justice Nasir Aslam Zahid, Justice Mamoon A Kazi, Justice Wajihuddin Ahmed and Justice Kamal Mansur Alam.

Justice Siddiqui told visitors at his residence on Wednesday that he could not take the new oath, under the PCO, as he was inducted under the 1973 Constitution and wanted to work under it.

In the meantime, Chief Executive Gen Pervez Musharraf, his Law Minister Aziz Munshi and Media Adviser Javed Jabbar said after the swearing-in ceremony that the decision to administer new oath was taken "in the best interest of the country".

Aziz A Munshi, who is also Attorney General, said: "Things have happened as situation warranted," and added that those who had not taken the oath had made their own choice.

Justice Siddiqui told foreign journalists that he had been retired and was quite happy and it was his own choice not to go the Aiwan-e-Sadr (to take oath).

Justice Siddiqui did not come to the office while all other judges were there. Those who decided to take the oath went away to the nearby Aiwan-e-Sadr, in pairs, except Justice Munir, who went there alone.

The swearing-in ceremony was scheduled for 9 am but was delayed to 11 am because of the lengthy documentation process due to the changed situation.

At the ceremony, President Rafiq Tarar also administered the new oath to Chief Justice Fazal Ellahi Khan and his colleagues in the Federal Shariat Court. The other three judges re-inducted were Justice Fida Mohammad Khan, Justice Mohammad Khiyar and Justice Chaudhary Ejaz Yousaf.

Justice Khalil-ur-Rahman Khan, who is also the Acting Ombudsman, left his office at around 11 am but told the waiting journalists that he was not going to the Aiwan-e-Sadr. "You all know I am here in the court", he said and left by his official car, probably to the Ombudsman's office where, some suggested, he might have started to wind up his affairs.

The change in the composition of the Supreme Court has also altered the list of seniority and brings some closer to becoming Chief Justices in future.

Justice Irshad Hassan Khan, who would have retired as a puisne judge on January 6, 2002, will now reign as Chief Justice till the date of leaving the office to Justice Mohammad Bashir Jehangiri, who will vacate the office three weeks later. He will then be followed by Justice Sheikh Riaz Ahmed who will remain at the highest judicial office up to March 8, 2003, handing over to Justice Munir A Sheikh, who will retire on July 1, the same year.

The new situation has reduced the total strength of the Supreme Court Judges to seven, against the approved posts of 17. The government is expected to fill in the vacant posts in the first week of February, as Justice Siddiqui had said a few days ago that he had recommended some names. But as these will be only five Judges, the strength will still remain short by five.

The new Chief Justice will have to move swiftly with more nominations to raise the strength to the legislated level to avoid delays and accumulation of work.