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December 07, 2008
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Sunday
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Zilhaj 8, 1429
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SC moved to initiate reference against CJ in exam marks case
By Nasir Iqbal
ISLAMABAD, Dec 6: A common man from Lahore on Saturday posted a request to the Supreme Court to initiate a reference against incumbent Chief Justice Abdul Hameed Dogar for allegedly misusing his office to secure additional marks for his daughter in the higher secondary school examinations.
“I have posted as well as faxed the reference to the Supreme Court office from Lahore to initiate a reference by constituting the Supreme Judicial Council (SJC) against the chief justice,” Mohammad Iftikhar Hussain Rajpoot told Dawn by telephone.
However, Supreme Court authorities were tight-lipped whether or not they had received the copy.
Mr Rajpoot had earlier filed a petition with the Islamabad High Court, requesting it to ask respondents, including the wife and the daughter of the chief justice, to answer accusations regarding grant of extra marks in the FSc examinations.
The high court has directed the respondents to submit their replies to the petition, which would be taken up again in the second week of next month.
When a constitutional expert was asked whether a common man could submit a reference against a judge, he said the law was only concerned about the substance. All a citizen had to do was to make out a proper case so that proceedings before the SJC could be taken up, he said.
Any person, according to Article 209 of the Constitution as amended through the Legal Framework Order of 2002 and later validated by the Seventeenth Constitution Amendment, can submit information regarding misconduct of a judge, but it is the president who directs the council or it on its own initiate proceedings under Article 209.
It is for the president to remove the particular judge after receiving recommendations by the council that in its opinion, the judge was incapable of performing his duties and therefore should be removed from office.
In the reference, Mr Rajpoot accused the chief justice of misconduct. He also sought the appointment of Senator S.M. Zafar, Faisal Naqvi and Syed Mohammad Javed Iqbal Jaffery to assist the council without any remuneration.
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