ISLAMABAD, April 6: National Reconstruction Bureau (NRB) Chairman Daniyal Aziz on Friday said Chief Justice Iftikhar Mohammad Chaudhry could not be represented by lawyers before the Supreme Judicial Council (SJC).
“There is no such provision under the relevant rules,” he told a group of newsmen here. Citing rule 8(3) of the Supreme Judicial Council’s procedure of inquiry notified in an official gazette on November 29, 2005, he said: “If the council is of the view that before forming an opinion it should also hear the judge under inquiry, it shall require the said judge to present himself before the council. The council shall provide him the information and material received against him.”
When pointed out that under rule 10(1) of the same document, copies of which were provided by him to the media people, the Attorney General for Pakistan and in his absence ‘a’ senior counsel of the Supreme Court instructed by him, shall conduct a reference, and there was no room for the government to have a team of lawyers, he said there was a provision for at least one lawyer for the government, but the rules did not provide for a lawyer representing a person against whom a reference was heard by the SJC.
Asked if he means something illegal and unconstitutional was going on, he said: “I am just saying that rules do not provide for lawyers to represent the accused person before the Supreme Judicial Council.”
He also cited rule 13 under which proceedings of the council shall be conducted in-camera and shall not be open to public. He, however, did not mention rule 7 under which the council has inherent powers to adopt any procedure specific to the inquiry which is considered by the council to be just and proper.