The Executive Order

Issuance of an executive order for the restoration of the deposed judges has become a bone of contention to the extent that it is endangering the very existence of the coalition. Messrs N S, Eitzaz Ahsan, Imran Khan and few others are demanding nothing short of it and that too the  soonest. They argue that if Syed Yusaf Raza Gilani (SYRG) had also issued orders for the restoration of the judges along with the "˜order' for their release on that fateful evening on the floor of the assembly, the judges would have been restored instantaneously. One is really amazed at the mental calibre of our  leaders deducing so and particularly that of the barristers par excellence who said the other day on a private tv channel that the PM had missed the opportunity of doing so when he ordered the release of the judges!! Surprisingly,  men of such eminence  cannot comprehend the basic legalities involved in so simple a matter of administration.  Who says that SYRG passed any orders for the release of the "˜arrested' judges that day? ( I am intentionally not using the word PM for SYRG as he was not so at that time and was only sworn in as the PM and the Executive Head of the Government after two days).  I challenge every one of them to listen to his speech carefully and I bet they will not find any such order being passed in it.

Let me explain what happened.  On that day  SYRG was elected as the "˜Leader of the House' "“ of course unanimously which is a great honour for any one. As the "˜Leader of the House" he did not enjoy any authority to pass any executive orders. Therefore, he NEVER ordered the release of the judges and here is where everyone is mistaken and confused about.  All he said was, "My first executive action as the PM would be -  (please note - WOULD BE) "“ to order the release of the judges --- (words to that effect)".   However, the moment he said this there was an instantaneous  jubilation and joyous up roar in the house  to the degree that the last part of his sentence got drowned in the din. Every one took "˜would be' to "˜have been' ordered. How could he order anything like that?  In his what capacity? Can a "˜Leader of the House' issue any executive orders?  No.

It is another matter that the police and the administration on their own removed the barriers around the judges' colony which had been erected there not to confine the judges but to  prevent the lawyers, the media men and others from rallying and thronging the area, posing a security hazard.  Since the judges were never under arrest, no order TILL DATE has been issued by the PM or any other executive authority for their release.  If there is one, I would like to see it.

Truly

Col. Riaz Jafri  (Retd)

30, Westridge-1

Rawalpindi 46000

Tel: (051) 546 3344

Cell: 0333 518 7929