ISLAMABAD, March 14: The ‘suspension’ of Chief Justice Iftikhar Mohammad Chaudhry and the appointment of an acting chief justice have been challenged in the Rawalpindi bench of the Lahore High Court.
Justice Iftikhar Chaudhry, President Pervez Musharraf, acting Chief Justice Javed Iqbal, Justice Abdul Hameed Dogar, Justice Sardar Mohammad Raza, Sindh High Court Chief Justice Sabihuddin Ahmad, Lahore High Court Chief Justice Iftikhar Hussain Chaudhry, the Supreme Judicial Council, the Ministry of Law and the state have been made respondents in a writ petition filed on Wednesday by Barrister Syed Ali Naveed Arshad.
“An acting chief justice can only be appointed under article 180 of the 1973 Constitution where the incumbent chief justice is either absent or unable to perform his duties. Based on such facts, the appointment of acting chief justice is unconstitutional and Justice Chaudhry is still Chief Justice of the Supreme Court,” the petitioner argues.
Barrister Arshad also questioned the formation of the Supreme Judicial Council. “The SJC comprises the senior-most judge, who in the present case is Justice Rana Bhagwandas, but he is out of the country. As such, the SJC can operate only after he returns,” he observed.
The petitioner prayed that the office of the acting chief justice be declared illegal, void and unconstitutional and Justice Chaudhry be restored on his post. He pleaded that a duly constituted SJC be formed and Justice Chaudhry be allowed to function till the decision of the SJC.
