ISLAMABAD, April 18: The defence counsel for Chief Justice Mr Justice Iftikhar Mohammad Chaudhry on Wednesday argued before the Supreme Judicial Council that only a full court comprising all judges of the Supreme Court could call the chief justice to account.
"Without the chief justice, the SJC, under Article 209, is incomplete," the President, Supreme Court Bar Association, Munir A. Malik, told reporters after the proceedings of the SJC, where Chief Justice Iftikhar Mohammad Chaudhry appeared for the fifth time to face allegations of abuse of his authority.
Earlier, the SJC rejected an application moved at the commencement of the proceedings by the defence counsel seeking a decision first on arguments of bias against three judges of the five-member SJC hearing the reference filed by President Pervez Musharraf on March 9.
"We are clearly of the view that there are no cogent and compelling grounds for reviewing the order dated April 13 (that the council would decide after the defence counsel completes arguments on legal and preliminary objections)," the SJC said in its order.
"We would, therefore, reject the prayer for piecemeal hearing of legal objections in order to avoid any possible complications arising out of fragmentary decisions and expression of opinion in piecemeal," the SJC held.
At the last hearing, Barrister Aitzaz Ahsan, on behalf of the chief justice, had raised allegations of bias by questioning the presence of three judges in the SJC and requested that these judges should excuse themselves from sitting on the council.
Both Attorney General Makhdoom Ali Khan and Dr Khalid Ranjha, leading the prosecution side, opposed the application filed by the defence counsel.
Referring to the 1998 Asad Ali case, Munir A. Malik told reporters that the chief justice could not be suspended or sent on compulsory leave and that only a full court of the Supreme Court could hold him accountable.
He said the chief justice was not above the law, but no substitution was available for him in the SJC under the provisions of the constitution, even though other members of the council could be replaced.
Mr Malik also told journalists that a member of the council, during the proceedings, also complained about being declared hostile towards the chief justice at the last hearing.
The defence counsel argued on the constitution and composition of the SJC, the appointment of Acting Chief Justice Rana Bhagwandas and restraining of the chief justice from performing his functions till a decision on the reference filed against him was announced.
He said the defence counsel would continue arguments on other legal objections when the council met again on April 24. The SJC has decided that after the April 24 hearing, it will meet regularly for two days on May 2 and 3.
ADDRESS: Qazi Anwar, a member of the defence panel, announced that the Chief Justice had accepted the invitation of the Peshawar High Court Bar Association for an address to the bar members on Saturday (April 21).
The Leader of the House in the Senate, Waseem Sajjad, Dr Khalid Ranjha, Raja Abdul Rehman, Arif Chaudhry, Amanullah Kanrani, and Asif Ranjha represented the referring authority (President Musharraf).
Barrister Aitzaz Ahsan, Hamid Khan, Qazi Muhammad Anwar, Munir A. Malik, Pakistan Bar Council (PBC) Vice Chairman Ali Ahmad Kurd and Tariq Mehmood appeared for the respondent (Justice Iftikha Chaudhry).
The attorney-general appeared on notice of the SJC.
