Siddiqui defends decision

ISLAMABAD, JANUARY 27: Pakistan's former chief justice Saeed-uz-Zaman Siddiqui, sacked yesterday after defying the army ruler's diktat to ...

ISLAMABAD, JANUARY 27: Pakistan8217;s former chief justice Saeed-uz-Zaman Siddiqui, sacked yesterday after defying the army ruler8217;s diktat to take an oath of allegiance to the provisional constitution, has defended his decision not to take an oath anew.

quot;To me, it is like breaking the oath we took under the 1973 constitution,quot; Justice Siddiqui, who declined to take the oath along with six other judges of the Supreme Court, all of whom stood dismissed immediately, told English daily The News in an interview published today.

quot;At least, it will help create an impression that it is not possible to make the Judiciary subservient. Majority of the judges do not like to be subservient,quot; he said.

Siddiqui said he had no regrets and that it was his declared policy from day one not to take any oath under the provisional constitution and there was no ambiguity about it.

quot;I was very explicit in my opinion that I would work only under the constitution. I could not deviate from that because as Supreme Court judge, I have taken oath under the constitution,quot; he said.

About his meeting with military ruler Gen Pervez Musharraf at his residence a day after October 12, Siddiqui said he had been assured that there be no change to the constitution and no pressure on courts.

quot;That was the understanding given to me and the moment the situation changed, I resigned.quot;

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In another interview to English daily The Nation, Siddiqui, whose term was to end on November 30, 2002, said he was informed about taking a new oath at 8 pm on Tuesday and quot;cleared his positionquot; immediately.

quot;Three gentlemen from the government, including interior minister Lt Gen retd Moinuddin Haider approached him to change his mind, but he stuck to his guns. quot;I told them that my stand is very clear, I cannot take oath of allegiance to the provisional constitutional order, this is very clear.quot;

He said the provisional constitution promulgated two days after the coup quot;is an extra-constitutional document and has no connection with the constitution.quot;

Siddiqui said the Judiciary8217;s independence needs to be maintained in national interest.

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quot;I can only pray for our survival. If there is no independence8230;.I can only pray for the country and the things turning out for the country in absence of freedom of the Judiciary. Our survival lies in such independence.quot;

Siddiqui said he was unsure whether the army was apprehensive over an upcoming petition in the apex court challenging the army takeover.

There was no pressure fom the government about the petition scheduled for January 31, he said. quot;I cannot say that the government had the apprehension that the military takeover would be struck down by the Supreme Court.quot;