ISLAMABAD, March 17: The government on Saturday changed its position on the issue concerning Justice Iftikhar Mohammad Chaudhry, with Federal Minister for Law Mohammad Wasi Zafar saying that President Pervez Musharraf had sent Justice Iftikhar on ‘forced leave’ after filing a reference against him with the Supreme Judicial Council (SJC) on charges of ‘misconduct and misuse of power’.

“The honourable chief justice was sent on leave under Section 2 of the Judges Compulsory Leave Order 1970, validated in 1975 under the Validation of Laws Act 1975,” said the law minister in a statement issued here.

When contacted, Munir A. Malik, counsel for Justice Chaudhry and president of the Supreme Court Bar Association, said they had never been informed by the government or the SJC that Justice Chaudhry had been sent on forced leave. He criticised the government for “continuously changing its position on the issue of the suspension of the chief justice.”

On March 9, the government ministers said that the chief justice had been made ‘non-functional’ and that the action had been taken by the SJC and not the president. Now the law minister says that the chief justice has been sent on forced leave by President Musharraf.

When contacted, Law Minister Zafar claimed the government had already stated that the chief justice had been sent on forced leave under the law, but regretted that “the media did not highlight the point”.

Replying to a question, he said the whereabouts of Justice Rana Bhagwandas were not known to the government. He said he had come to know through the media that Justice Bhagwandas was in India, adding that he could not say when he would return.

“The government, being conscious and fully adamant to abide by the constitutional provisions and laws, assures the lawyers and the whole nation that the very moment Justice Rana Bhagwandas returns he will be given the oath of acting chief justice as per the requirement of the constitutional provisions,” the minister said in his statement.

He took full responsibility of the filing of reference with the SJC against the chief justice, saying that it was the duty of the law ministry.

“This is the first time that the accountability in the judiciary has been initiated through judiciary itself, which was the outstanding demand of the bars, intelligentsia and political parties,” he added.

Mr Zafar said many misconceptions and misunderstandings were spread in connection with the absence of Justice Bhagwandas and also due to the fact that the government was not in a position to publicise the contents of the reference against the chief justice and other related matters.

He said Justice Javed Iqbal had been made the acting chief justice because Justice Bhagwandas, the senior-most judge, was abroad on leave. According to rules, he said, the leave was granted to a judge of the Supreme Court by the chief justice himself, and the government or any other functionary had nothing to do with it. The government could not even cancel his leave or request him to cut it short, he added.

He advised the protesting lawyers “not to create law and order situation and try to patiently wait for the verdict without creating hindrance.”

He said it was obligatory upon all citizens, particularly lawyers, to refrain from indulging in any act which appeared as interference in the work of the SJC.

The minister, who had been issued a show-cause notice for the suspension of his membership of Jaranwala Bar Council, said a group with a particular thought was “pressurising their colleagues by issuing notices, cancelling memberships and licences to force them to act according to their whims and wishes which was a naked violation of Articles 17 and 19 of the Constitution.”

He said that nothing illegal or unconstitutional had been done by the government or the SJC as all the lawyers were fully aware that the SJC had been formulated in accordance with the constitutional provisions.

Munawar Azeem adds: Justice Javed Iqbal said on Saturday that he would step down as acting Chief Justice of Pakistan after the return of Justice Rana Bhagawandas to the country.

Talking to reporters during his visit to the Pakistan Institute of Medical Sciences (Pims) to inquire about the health of Islamabad Bar Association president Haroon-ur-Rasheed, he said he was appointed as acting chief justice as Justice Bhagawandas, the senior-most judge of the Supreme Court, was not available.

He said even if he was asked to continue as acting chief justice after the return of Justice Bhagwandas, he would refuse.

Justice Iqbal said he was part of judiciary and took over as acting chief justice keeping in view the fact that cases were pending before the apex court.

He assured that SJC proceeding against Justice Chaudhry would be conducted in a transparent manner.

Replying to a question, he said the security around the residence of Justice Chaudhry was meant for his security.

He said he himself met Justice Chaudhry last night, and the registrar had held three meetings with him.

Earlier at the Pims ICU, the acting chief justice talked to the family of Mr Rasheed and inquired about his health.

Justice Iqbal directed the authorities concerned to provide best possible treatment to Mr Rahseed.