May 07, 2007	Monday	Rabi-us-Sani 19, 1428

ISLAMABAD, May 6: A larger bench of the Supreme Court headed by Justice M. Javed Bhuttar will start hearing on Monday on a day-to-day basis identical constitutional petitions, including those of the Chief Justice of Pakistan (CJP) and Communist Party of Pakistan, challenging the presidential reference.

The petitioners have termed the March 9 reference filed by General Pervez Musharraf against Chief Justice Iftikhar Mohammad Chaudhry illegal, unconstitutional and based on mala fide intentions.

They have requested that the presidential reference be dismissed and Justice Chaudhry be reinstated.

Judges on the larger bench are: Justice Nasir-ul-Mulk, Justice Raja Fayyaz Ahmed, Justice Ch. Ijaz Ahmed and Justice Hamid Ali Mirza.

The Communist Party through its chairman Jameel Ahmad Malik has challenged the suspension of Chief Justice Iftikhar Mohammad Chaudhry, making him non-functional, sending him on forced leave and appointment of the acting Chief Justice of Pakistan and termed the acts unconstitutional.

The petition said that the president had the power to send a reference against the Chief Justice, but not the power to suspend or make the Chief Justice non-functional or any other judge merely on the plea that a reference was pending against him.

The Supreme Judicial Council did not have such powers under Article 209, Mr Jameel stressed. Secondly, the president cannot send the Chief Justice on forced leave under the ‘Judges Compulsory Leave Order 1970’ during the pendency of reference, as the same is now obsolete and is also ultra vires with Article 209 of the Constitution.

The CPP has challenged the two original notifications of suspension and restraining of the Chief Justice not to function as the Chief Justice of Pakistan or a Judge of the Supreme Court and secondly appointing of Acting Chief Justice of Pakistan during the proceedings of the reference against him.

It may be recalled that both notifications were issued on March 9, 2007 and signed by Law Secretary Justice (retd) Mansoor Ahmed.