ISLAMABAD, April 18: Chaudhry Aitzaz Ahsan, chief defence lawyer of Justice Iftikhar Mohammad Chaudhry, made it clear on Wednesday that his team had filed the 132-point petition in the Supreme Court because `we don’t trust the Supreme Judicial Council’.
Talking to newsmen at a press conference at his residence, Aitzaz Ahsan said the writ, filed under article 184(3) of the Constitution, was titled `Chief Justice of Pakistan against President of Pakistan’.
He said `we want the SJC to conduct an open hearing because a hearing behind closed doors does not serve justice. We have objections over the presence of three judges in the SJC because these judges have personal grudges against the CJ’.
He said references had been filed against these judges, but as no action had been initiated against them, his team decided to file the writ.
Mr Aitzaz made it clear that under Article 209 of the constitution, the Chief Justice can neither be made non-functional nor can the SJC be formed in his absence.
He said the government’s move to send the chief justice on forced leave was `absolutely wrong and illegal’.
Mr Ahsan said Prime Minister Shaukat Aziz had acted upon `wrong advice’ in pressing the president to file the reference.
He said there was only one instance when the SJC had carried out its proceedings in camera – against Justice Shaukat Ali in 1971. But in that case, the judge himself had sought closed door hearings, Mr Ahsan recalled.
“I can’t see why there is so much reluctance in conducting an open hearing when Justice Iftikhar has sought it.”
He said the Supreme Court was a higher forum than the SJC and the council was bound to obey the SC decisions. “The council is only an inquiry commission and it can’t give any kind of ruling.”
He said the Supreme Court’s judgment in the 1996 Al-Jihad Trust case barred an acting CJ from heading the SJC.
WASI’S REJOINDER: Law Minister Wasi Zafar said on Wednesday that the constitution laid down provisions for the accountability of all holders of constitutional offices, including the Chief Justice of Pakistan.
He was commenting on the claim made by Aitzaz Ahsan that the SJC cannot meet without the Chief Justice.
The law minister emphasised that since the matter was sub judice, he would not comment on it. He, however, clarified that Article 209 of the Constitution states the judges of superior courts shall not be removed from office except as provided by this article, which means that the Chief Justice can only be removed under Article 209.—Online
