May 27, 2007	Sunday	Jamadi-ul-Awwal 10, 1428

LAHORE, May 26: Prominent lawyer and ruling PML Senator S M Zafar says in case of reinstatement of Chief Justice of Pakistan “a new relationship can be developed on mutual respect for institutions.”

However, he told Dawn on Saturday, in case of a decision against him, the CJP would be able to pacify the bar if he had a fair trial.

Answering a question, the former law minister said the Gordian knot, which the full bench of the Supreme Court had to cut, was whether the accountability of the CJP should be before a jury of all his peers sitting in a full bench or by a constitutionally designated machinery of the Supreme Judicial Council. The other issues of mala fide or bias of some of the judges and trial being open or in-camera would get settled within the contours and context of that decision, he added.

About President Musharraf’s statement that he would accept the decision of the court or that of the SJC, Mr Zafar said it was a good statement which showed his confidence in the judicial system.

He said if the SJC held that Justice Chaudhry was not involved in judicial misconduct, the reference against him would come to an end. A not-guilty verdict would mean no further action or discussion on the subject.

But if SJC held the CJP guilty of judicial misconduct, “then there exists a space for discussion.”

Mr Zafar said: “The president may, after receiving the report and taking into consideration the overall view, decline to accept the recommendation. Such may be a case where judicial misconduct found has social content rather than moral or financial aspect.”

He denied that at a recent meeting of the PML’s central working committee he had proposed an out-of-box solution to the reference issue.

“What I had argued was that the reaction of the lawyers, being spontaneous and fairly representative of the class, can’t be ignored. The government should tailor its policy and general attitude accordingly. And in particular with regard to the procedural matter it should adopt conciliatory rather than adversarial posture.”

He said he had suggested that any new reference against the CJP should be avoided.

At the meeting, he said, he had praised the Punjab government for the way it had handled the lawyers’ reception in Lahore for Justice Chaudhry, and recommended that all others should follow it as a role model.

“What situation do you visualise in case the CJP is to reinstated and what if he is held guilty?” he was asked.

Senator Zafar said: “Much depends on how the turns of the events are from now onwards. If the proceedings of the court and the SJC inspire trust and confidence and are carried on like what they should be, then it will work as confidence-building measure for all sides. In case of reinstatement of the CJP a new relationship can be developed on mutual respect for institutions. In case of negative decision against the CJP, I am sure the CJP will be able to pacify the bar that he has a fair trial.”

Asked to comment on the division of the superior judiciary during the CJP’s visit to the Lahore High Court, he said: “Nothing should be read into such incidents, particularly when they are so close to the event. I will hate to read any division in the bench on that score.”