March 15, 2007	Thursday	Safar 25, 1428

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LAHORE, March 14: The International Commission of Jurists (ICJ) has expressed concerns over the suspension of Chief Justice Iftikhar Muhammad Chaudhry observing that it is an unconstitutional act.

The concern of the Geneva-based ICJ was communicated to the Human Rights Commission of Pakistan which said in a press release here on Wednesday that the ICJ had urged the government to immediately act to demonstrate its commitment to the independence of judiciary by releasing the CJP who was reportedly being denied the right to defend himself and was placed under house detention.

The HRCP said the ICJ demanded the ‘release’ of the CJP from house arrest and ensure that he was afforded a chance to defend himself.

The ICJ urged the government that the lawyers should be allowed to protest in a peaceful manner.

The ICJ message said: “We are deeply concerned over declaring the Chief Justice of Pakistan non-functional by President Pervez Musharraf on the allegations that he had misused his office for personal gains. The details of the charges have not yet been elaborated. The suspension was unprecedented and unconstitutional. Such an act had undermined the concept of separation of powers and threatened the independence of the judiciary and the rule of law in Pakistan.”

It said the Supreme Judicial Council had the sole responsibility to consider any allegations against the chief justice and it was even more important to inquire into the charges in a transparent manner after the government’s precipitous move.

It said the constitution of the council by the government also appeared to be lacking transparency although the propriety of such a sensitive issue demanded that no-one should raise an accusing finger on the formation of the inquiry commission which was to investigate allegations against the chief jurist.

“The Supreme Judicial Council must be completely independent and impartial and in full compliance with the 1973 Constitution and international standards. The government move came a day after the CJP had issued notices to the government on a petition against disappearance of 141 people in Balochistan and other areas of Pakistan.

“The disturbing developments occurred a week after Justice Arthur Chaskalson, former chief justice of South Africa and ICJ president, was in Pakistan as chief of the ICJ’s Eminent Jurist Panel on Terrorism, Counter-terrorism and Human Rights. The panel welcomed the investigation being undertaken by the Supreme Court.”

According to the HRCP press release, the ICJ said the president did not enjoy the constitutional power to suspend the chief justice before an inquiry by the SJC had taken place. Citing Article 209 of the constitution, it said the president only had power to send a reference to the SJC to hold an inquiry. It was the job of the SJC to inquire into the allegations and to report its opinion to the president. The president could remove the CJP only on the recommendation of the SJC.

The ICJ letter also referred to Article 209 (3) of the constitution which provided that in case of an inquiry against the CJP, his place on the SJC would be taken by the next most senior judge of the Supreme Court and Justice Rana Bhagwan Das was the next senior most judge of the apex court. This was an anomaly which had to be removed before the inquiry took place.

The ICJ said the source and substance of the allegations against the CJP had to be disclosed under internationally recognised standards. The chief justice and his lawyers were entitled to know the contents of the allegations and their source in order to enable them to respond to the accusations, it added.

The ICJ expressed its concern over reports of excessive force used by police at a demonstration by lawyers outside the Lahore High Court on March 12 when they were protesting against the suspension of CJP. Several lawyers were reportedly beaten and injured. —Correspondent