KOHAT, March 18: Former law minister Syed Iftikhar Hussain Gilani, a counsel for the constitutional interpretation of the reference filed against Chief Justice Iftikhar Mohammad Chaudhary, has expressed doubts about the credibility of the notification barring the Chief Justice from performing his duties and has alleged that it has been tampered with.
Addressing a press conference here on Sunday, Mr Gilani said the notification stating the new stance taken by the federal law department, that the Chief Justice has been sent on forced leave, clearly showed “ill intentions” of the government.
According to him, the earlier notification number F.1 (2)/2005-A.II dated 9th March, 2007, said: “The President of the Islamic Republic of Pakistan does hereby restrain the Mr Justice Iftikhar Muhammad Chaudhary to act as Justice of the Pakistan and a judge of the Supreme Court as he is unable to perform the functions of his office due to facts narrated ink a reference having been made against him to the Supreme Judicial Council under article 209 of the constitution of the Islamic Republic of Pakistan – signed by Mr Justice (R) Mansoor Ahmed, secretary of Law, Justice and Human Rights Division.”
The mistakes of language, he said, also indicated that such an important notification had been issued in haste and nowhere in it had been mentioned that the Chief Justice had been sent on forced leave. This is a mockery of the law, he said.
He said the second notification, No. F.592 (2) 2007-Secy, regarding the appointment of acting chief justice, Justice Javed Iqbal, and head of the Supreme Judicial Council, was tampered with and a portion of it now read as: “The President of Pakistan in exercise of powers conferred under Article 180 of the Constitution of the Islamic Republic of Pakistan, is pleased to appoint Mr Justice Javed Iqbal, Judge Supreme Court of Pakistan, being most senior judge ‘available’, as acting chief justice of Pakistan with immediate effect.”
He said Article 180 dealing with the appointment of acting chief justice clearly stated that the president shall appoint the senior most among the serving judges. There is no mention of the word ‘available’ in the Article.
“I doubt that the word ‘available’ has been inserted in the notification which may have been issued in back date after sensing the situation arising out in reaction to the reference among the lawyers, general public and the media.”
Talking to Dawn, he said: “I have met Chief Justice Iftikhar Mohammad Chaudhary thrice — twice at his residence and once in the court — and during consultations he revealed that the president had given him two options — either to resign and the government would take care of him which meant that he would be accommodated at some lucrative post, and second to face the reference. And he told him that he would face the reference.”
Mr Gilani said that in the first place President Gen Pervez Musharraf could not file such reference, which was a violation of his oath taken as a member of armed forces.
“Article 244 of the constitution bars members of armed forces to take part in politics whereas he is not only occupying the office of the president illegally but also running the election campaign for the ruling party to remain in office beyond 2007.”
