CJ’s case in SC: judge declines to head bench: SJC proceedings adjourned till May 2
By Nasir Iqbal
ISLAMABAD, April 24: A Supreme Court judge on Tuesday declined to head a bench hearing a petition filed by Chief Justice Iftikhar Mohammad Chaudhry challenging his suspension because he was a signatory to the Supreme Judicial Council’s endorsement of the presidential reference.
Expressing his inability to sit on the bench, Justice Sardar Mohammad Raza Khan requested Acting Chief Justice Rana Bhagwandas to form a full court or a larger bench to hear a number of identical petitions challenging the formation of the council and the reference against the suspended chief justice.
If formed, the full court will comprise the remaining 12 judges of the Supreme Court minus those who are part of the SJC and hearing the reference.
Tuesday’s proceedings witnessed extraordinary security arrangements in the Supreme Court building, especially outside the main courtroom where a large number of plainclothes security personnel had been deployed to prevent any untoward incident, ostensibly because of the attendance of senior counsel Sharifuddin Pirzada.At the outset, Justice Sardar Raza invited the attention of Barrister Aitzaz Ahsan, the legal counsel of the chief justice, to the March 9 endorsement by the SJC of the president’s order restraining the chief justice and observed that since the order had been impugned by the petitioner, it would not be proper for him to sit on the bench. "It is sufficient to make it a scandal," he observed.
He recalled that he had recently declined to hear a case involving some orders he had issued when was the district and sessions judge.
"I would not have any problem in hearing the instant matter but the prevailing sensitive situation has made us a bit sceptical," Justice Sardar Raza observed.
Barrister Ahsan replied that the petitioner had no objection to his presence in the bench, especially when the lordship was no more a member of the council. But the judge’s conscience should be fully satisfied with such matters, he suggested.
Sharifuddin Pirzada, representing President Musharraf, said he also had no objection to the presence of the judge on the bench.
"But anyone can raise objection in the future," Justice Raza observed and said that if he upheld the SJC orders tomorrow, fingers would be pointed at him for being biased.
"I admire your hyper-sensitivity and wish that three members of the SJC against whom we have raised the question of bias should also show the same grace," Barrister Ahsan said. He also mentioned that contrary to the expectations of the chief justice, Mr Pirzada was present in the courtroom to defend the president.
Meanwhile, the Supreme Court served notices on respondents in similar petitions filed by the Pakistan Bar Council (PBC) and the Supreme Court Bar Association (SCBA) seeking declaration that suspension of the chief justice by the president was illegal and that Justice Chaudhry was still the active chief justice and enjoyed the right, power and duty to lead and preside over all matters of judiciary as chief justice.
The bench also decided to hear, along with the main petition, the office objections raised against a petition of former Securities and Exchange Commission of Pakistan chairman Dr Tariq Hassan challenging the vires of the Presidential Order (PO) 27 under which the chief justice was sent on forced leave on March 15.
SJC PROCEEDINGS: After the SJC proceedings, SCBA president Munir A. Malik, PBC vice-chairman Ali Ahmed Kurd, Tariq Mehmood and Hamid Khan told reporters that the council had rejected their written request to defer the proceedings in view of the pending petition of the chief justice before the Supreme Court bench.
The SJC preferred to go ahead with the reference since the apex court did not stay its proceedings.
Tuesday’s arguments before the SJC remained focused on the vires of the PO 27 as validated under the Validation of Laws Act 1975, president’s March 9 order of restraining the chief justice, articles 209, 270-A and 175(3) of the Constitution as interpreted by the Supreme Court in different judgments and the power of the president and the SJC under the Constitution to restrain a judge of a superior court from performing his functions till the conclusion of the reference.
The SCJ proceedings were then adjourned for May 2 and 3 at 9.30am, with a direction to both the parties to abide by the time schedule.
ISLAMABAD, April 24: A Supreme Court judge on Tuesday declined to head a bench hearing a petition filed by Chief Justice Iftikhar Mohammad Chaudhry challenging his suspension because he was a signatory to the Supreme Judicial Council’s endorsement of the presidential reference.
