April 12, 2007	Thursday	Rabi-ul-Awwal 23, 1428

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LAHORE, April 11: Counsel for the non-functional chief justice of Pakistan Chaudhry Aitzaz Ahsan on Wednesday questioned the composition of the Supreme Judicial Council, and said he did not expect to get justice from the SJC in its present form.

Addressing the Lahore High Court Bar Association,

Mr Ahsan demanded open proceedings of the reference against Justice Chaudhry.

He argued that how come the council, whose one member was not even on speaking terms with the non-functional CJP, and the two others had references of misconduct pending against them, could dispense justice.

He alleged the government’s intentions in sending the reference to the SJC were mala fide, and this was the only reason it was avoiding open proceedings.

He also demanded hearing in open court in the petition challenging the SJC’s composition.

Mr Ahsan said there had been only two precedents when the council conducted in-camera proceedings in the past — one against Justice Shaukat Ali (retired) and the other against Justice Fazale Ghani (retired). In both cases, he said, the judges had requested for the in-camera proceedings, adding that in the present case the non-functional CJP had also requested for open proceedings.

He said though one of the charges against the suspended CJP pertained to use of special flights, the government itself provided a similar facility to the chief justices of the Lahore and Sindh high courts to reach Islamabad on March 9. If it was misuse of authority by the CJP, then how it was otherwise in the case of the two chief justices, he argued.

Aitzaz Ahsan believed that the government considered the suspended CJP a threat following some of his decisions like those in the Pakistan Steel Mill privatization and Murry project. He claimed the apex court judgment in the Steel Mill case was an indictment against Prime Minister Shaukat Aziz.

Criticising military generals, Mr Ahsan said they always wanted to make political leaders their puppets. The military, he alleged, wanted to make Pakistan a national security state. He said welfare of the people and not the arms could ensure security of a state, adding that democracy was the only way to it.

Mr Ahsan urged the lawyers to make efforts for independence of judges, instead of raising their voice for a free judiciary. He added that independence of the judiciary was not possible without the independence of judges. He lauded Justice Jawad S Khwaja for tendering his resignation in protest against the CJP’s suspension.