SJC moved to remove LHC chief justice

Published July 25, 2004

ISLAMABAD, July 24: A petition filed before the Supreme Judicial Council (SJC) has demanded initiation of proceedings to remove Justice Chaudhry Iftikhar Hussain as Chief Justice of the Lahore High Court (LHC) under Article 209 of the Constitution.

Moved by Wahabul Khairi Advocate, the five-page petition in Urdu says that a situation has arisen which warranted immediate removal of the high court chief justice.

Audio and video cassettes are also part of the petition, which was submitted to the registrar of the SJC to prove the allegations, the petitioner claimed.

The petitioner stated that the appointment of Justice Hussain in the high court during the Benazir Bhutto government in 1995 was held irregular after the famous March 20, 1996, Supreme Court judgment in the judges case.

The petition contended that attempts were also made to remove Justice Fakhrunnisa Khokhar the moment she joined LHC, which was evident from the fact that she was made chairperson of a tribunal for protection of environment against her will.

However, her appointment in the tribunal was later cancelled when the apex court took notice of the fact.

The petitioner has pleaded that under the Legal Framework Order (LFO), the SJC has the jurisdiction to initiate a suo motu inquiry against a judge on an information, from any source.

Led by the Chief Justice of Pakistan, the SJC comprises five members - the two next most senior judges of the Supreme Court and the two most senior chief justices of high courts.

Wahabul Khairi told Dawn that Justice Sheikh Shaukat Ali was the last judge removed from his post on the recommendation of the SJC in 1965. Since then no judge of the superior judiciary has been removed through the SJC, he added.