ISLAMABAD, April 13: The counsel defending Chief Justice Iftikhar Mohammad Chaudhry in a reference before the Supreme Judicial Council (SJC) on Friday described two members of the council as ‘distinctively hostile’.
“The attitude of Justice Javed Iqbal and Justice Abdul Hameed Dogar was distinctively hostile towards Justice Chaudhry during the SJC proceedings,” Supreme Court Bar Association (SCBA) President Munir A.
Malik told reporters after attending the over two-hour session of the council.
He had been asked to comment on the atmosphere during the proceedings of the SJC where Justice Iftikhar appeared for the fourth time to face the reference filed against him by President Pervez Musharraf.
Barrister Aitzaz Ahsan, leading the six-member defence panel, closed arguments on the question of alleged bias of three judges of the five-member council.
Specific allegations of bias were levelled by the respondent, raising preliminary legal objections and questioning the presence of the three judges in the council.
“We request these judges that they should excuse themselves from sitting on the council,” Mr Malik suggested.
Reconstitution of the SJC by excluding the three judges would ensure transparency, he said.
In his objections, the chief justice had stated that Justice Iqbal, who had taken oath as acting Chief Justice in the absence of Justice Rana Bhagwandas should not sit in the council. Justice Iqbal will be the ultimate beneficiary because he is expected to become the chief justice for three and a half years after the retirement of Justice Bhagwandas in the event of the council’s decision against the respondent.
Justice Dogar was reported to be facing a reference before the SJC about alleged misappropriation in Shah Abdul Latif Bhitai University, Kahirpur, he had said.
The respondent had serious objections to Lahore High Court Chief Justice Iftikhar Hussain Chaudhry’s presence in the council as more than one reference of misconduct was allegedly pending against him before the SJC. He had developed strong hostilities against the respondent for not accepting his recommendations for the elevation of advocates and judicial officers as judges of the LHC. His elevation as judge of the Supreme Court was also opposed by the respondent in August 2005 for reasons which could not be disclosed, Justice Chaudhry had stated. “Both of us are also not on talking terms.”
Besides, he said, the LHC chief justice was also interested in a result against the respondent in the reference sent by the president on the advice of Prime Minister Shaukat Aziz because one of his brothers was a minister expressing views in favour of the reference on different television channels.
On the issue of open trial, Mr Malik said that the SJC would decide the matter later, while ruling on the legal objections raised by Justice Chaudhry.
The defence counsel would take up the issue regarding the composition of the SJC when the council met again on April 18, Mr Malik said.
The defence team comprised Aitzaz Ahsan, Ali Ahmed Kurd, Hamid Khan, Qazi Mohammad Anwar, Munir A. Malik and Tariq Mehmood.
The prosecution side comprised Waseem Sajjad, Dr Khalid Ranjha, Raja Abdul Rehman, Arif Chaudhry and Amanullah Kanrani.
Attorney-General Makhdoom Ali Khan appeared on notice from the SJC.
ISLAMABAD, April 13: The counsel defending Chief Justice Iftikhar Mohammad Chaudhry in a reference before the Supreme Judicial Council (SJC) on Friday described two members of the council as ‘distinctively hostile’.
