April 10, 2007	Tuesday	Rabi-ul-Awwal 21, 1428

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ISLAMABAD, April 9: The Supreme Court on Monday admitted for regular hearing two identical petitions questioning the legality of the Supreme Judicial Council and president’s move to send a reference against Justice Iftikhar Mohammad Chaudhry.

The court issued notices to the President’s Secretariat, SJC, Federation of Pakistan and the ministry of law and adjourned the hearing till date in office.

The full-bench of the apex court, which heard the case, was headed by Justice Sardar Muhammad Raza Khan and comprised Justice Chaudhry Ijaz Ahmed and Justice Hamid Ali Mirza.

The petitions, filed under article 184 (3) of the Constitution, maintained that an acting chief justice could not head the SJC and as such the present council had no jurisdiction to hear any reference.The petitions said that under article 209 of the Constitution, a reference could not be filed against the Chief Justice of Pakistan, and thus the present reference was mala fide, illegal and unconstitutional.

The petitions have been filed by the Watan Party through Barrister Zafarullah Khan and the Adliya Bachao Committee through Dr Farooq Hassan.

Barrister Zafarullah on Monday argued the present SJC was unconstitutional and illegal because it could not work without a permanent chief justice and that an acting chief justice could not head the SJC. He also challenged the inclusion of two other member judges in the SJC against whom references of misconduct were pending.

The petitioners submitted that the question of Justice Chaudhry’s inability to perform the function should be determined by the Supreme Court and not by the executive.

SHC JUDGMENT CHALLENGED: The Supreme Court was moved on Monday against the dismissal of a constitutional petition pertaining to fresh oath of judges who took oath under the Provisional Constitution Order (PCO) of 1999.

The petition seeking directives for fresh oath of judges of the superior courts moved by Syed Iqbal Haider, central coordinator of the Pakistan Himayat Tehrik, was dismissed by the Sindh High Court on March 27.

The petitioner maintained that judges took oath of their offices under the Proclamation of Emergency of October 14, 1999 and Provisional Constitution Order of October 13, 1999. However, after the restoration of Constitution on October 16, 2002, these judges have not renewed their oath of offices.

Iqbal Haider contended that the judges of the superior courts were performing their functions under the previous oath under the PCO. He argued that the judges should take a fresh oath under article 178 and 194 read with article 25 of the Constitution as oath in the form set out in the third schedule of the Constitution of Pakistan.

He prayed to the court to determine if the Proclamation of Emergency promulgated on October 14, 1999 could be lifted. He said it was on the face of record that the Proclamation of Emergency order had not been lifted or withdrawn till the filing of the petition.