ISLAMABAD, March 20: The Supreme Judicial Council has deferred to April 3 its meeting scheduled for Wednesday to take up the presidential reference against “suspended” Chief Justice Iftikhar Mohammad Chaudhry, citing the expected arrival of Justice Rana Bhagwandas, the senior-most judge of the Supreme Court.
“The Supreme Judicial Council has adjourned the hearing of application filed by Mr Justice Iftikhar Mohammad Chaudhry in the reference against him to April 3, 2007, in view of the expected arrival of Mr Justice Rana Bhagwandas, enabling him to participate in the proceedings of the council,” said an official statement issued by the Supreme Court on Tuesday night. An earlier statement by the SJC had not cited any reason for the adjournment of the hearing.
The SJC was to meet on Wednesday to take up preliminary objections raised by the “non-functional” chief justice to its composition, element of bias against him and his request for open proceedings.
The adjournment has generated a debate in legal circles which believe that the SJC will be reconstituted, affecting the present composition of the council with the return of Justice Bhagwandas, who is expected to arrive in Karachi from India on Wednesday afternoon.
Justice Bhagwandas is likely to take oath of the acting chief justice to replace the present acting chief justice, who is third in seniority among judges of the Supreme Court, after Justice Chaudhry.
Headed by Acting Chief Justice Javed Iqbal, the SJC comprises Justice Abdul Hameed Dogar, Justice Sardar Mohammad Raza Khan, Lahore High Court Chief Justice Iftikhar Hussain Chaudhry and Sindh High Court Chief Justice Sabhiuddin Ahmad.
The adjournment, however, drew a sharp reaction from the defence panel representing Justice Chaudhry.
According to Supreme Court Bar Association president Munir A. Malik, the postponement was meant to sabotage and defuse the ongoing movement of lawyers against the CJ’s removal.
“This in fact is a suo motu adjournment,” he observed and announced that the countrywide boycott of courts by lawyers, rallies and protest meetings would continue on March 21 as planned.