President including Judges functioning in Constitutional positions are strangers and unconstitutionally. Hashmat Habib President Tehreek e Tahafuzz e Adlia pointed out with a heavy heart that under Article 255 (3) where Under the Constitution a person is required to make an Oath before he enters upon an office, he shall be deemed to have entered upon on the date he makes the Oath.
It is strange that in 3rd schedule under the head Oath of office nowhere is the correct Oath on the other hand person on solemn swears makes a statement that is being taken as an Oath while under Article 260 explanation is given that the Oath includes affirmation thus the wording of schedule does not qualify solemnly swear as Oath.
Hashmat Habib said the legislature passed the Anti-terrorism Act 1997 wherein an Oath by an Anti-terrorism Court is mentioned which reads that a judge of the ATC shall at the commencement of a proceeding under this act make an Oath in the case of Muslim on the Holy Quran to the effect that he shall decide the case honestly, faithfully and considering himself accountable to the Almighty Allah and in case of non-Muslim by Constitution, law his conscience. Hashmat Habib said throughout out world even when an Oath is taken by a witness he makes an Oath on the Holy Quran or their respective religious book therefore the Parliament should amend the draft of the Oath in the lines of the religious book and all the functionaries should take Oath afresh.
Hashmat Habib said it is a pity of affairs to observe that Judges and lawyers are unaware of the wording of the statement taken as an Oath and confuse the constitutional requirement of taking an Oath by the judges even those who were transferred from one High Court to Islamabad High Court but no Oath was taken although previous Oath was regarding the Previous High Court of the Province. Hashmat Habib said illegality and interpretation against the constitution has become a unique practice of the Judiciary which is unable to implement its four members’ bench decision regarding lawyers’ housing projects because of one illiterate person working as the frontman of the powerful mafia of so-called lawyers’ leadership who influenced the Judges of Supreme Court. A shining example of a completely independent Judiciary.
