The Pakistan government has been forced to elevate judges from provincial high courts as most justices of the Supreme Court have refused to endorse the emergency imposed by President Pervez Musharraf and take oath under the new dispensation. The strength of the apex court too has been downsized from 17 to 12 -- 11 judges and the Chief Justice, to make up for the shortage of judges willing to take oath under Musharraf's Provisional Constitutional Order. 4 judges from the high courts of Sindh, NWFP and Baluchistan provinces have also been elevated to apex court in Pakistan. Chief Justice Abdul Hameed Dogar, who was sworn in by Musharraf hours after he imposed emergency on Saturday, would administer the oath to them on today (Nov. 6).
In his order suspending the Constitution and key fundamental rights, Musharraf had directed much of his ire against the superior judiciary, accusing it of unwarranted activism that had paralysed the government and affected the morale of law enforcement agencies. Musharraf has also purged the judiciary of all judges perceived as being against his regime, including former Chief Justice Iftikhar Muhammad Chaudhry, who is under house arrest along with several other judges of the apex court. It is understood that only five judges of the apex court, including Chief Justice Dogar, have endorsed the emergency. This has forced the government to downsize the strength of the apex court. Attorney General Malik Muhammad Qayum, however, told "The News" that this was "purely an administrative decision and has nothing to do" with the emergency.
