ISLAMABAD After a break of 16 tumultuous months, Chief Justice Iftikhar Mohammad Chaudhry starts dispensing justice once again from Tuesday when he sits at the head of a three-member bench with a heavy roster of 100 cases.
Popular sentiment and political manoeuvres made his return possible to the high office from which he was unseated by brute state power in November 2007.
The chief justice missed the state function held on the occassion of Pakistan Day on Monday at the presidency though he was invited. Earlier the chief justice had also refrained from attending the farewell dinner hosted by the president in honour of former Chief Justice Abdul Hameed Dogar at the presidency.
'I believe the bulky case files sent to him to prepare for Tuesday's work kept him busy and away from the function,' explained Registrar Supreme Court Dr Faqir Hussain to Dawn who assumed his charge in BPS-22 with immediate effect. Earlier Dr Hussain was transferred as Secretary Law and Justice Commission of Pakistan after the chief justice was sent home after the proclamation of emergency by former President Pervez Musharraf.
Although the Supreme Court staff is preparing to receive the chief justice who will set his foot inside the building after such a long time, it will be more about the return of a victorious judge who was thrice vindicated for the stand he cherished all during the difficult times.
The first time he was victorious when a 13-member bench of the Supreme Court had restored the chief justice by pronouncing a historic judgment on July 20, 2007 while the second when Prime Minister Yousuf Raza Gillani on March 24, 2008 ordered the administration to free all the judges who were detained by former President Pervez Musharraf soon after proclaiming state of emergency on November-3, 2007.
The Supreme Court Bar Association and other local lawyers' bodies have already announced to escort the chief justice when he leaves his official residence to the Supreme Court.
Though no case of political nature or human right cases on suo motu have been fixed before him on Tuesday his itinerary include administration of the oath of office as the chief justice to Justice (retd) Hamid Ali Mirza as Chief Election Commissioner of Paksitan at 1100 a.m. in the Ceremonial Hall of Supreme Court. On Tuesday last President Asif Ali Zardari had appointed Justice Hamid Ali Mirza as the new CEC.
The chief justice has also constituted nine benches to decide a large number of cases. Out of nine, six benches will sit in Islamabad while one in the Registry branch of Lahore and two in the Peshawar Registry.
The first bench will comprise the chief justice, Justice Mian Shakirullah Jan and Justice Nasir-ul-Mulk. Both Justice Shakirullah Jan and Justice Nasir-ul-Mulk were sacked by former President Pervez Musharraf while proclaiming state of emergency on November 3, 2007 but had retaken their office after taking a fresh oath on September 5 and September 18 respectively by former chief justice Abdul Hameed Dogar.
Majority of cases to be taken up on Tuesday by the bench involve election matters, bail petitions, declaration of possessions, service law, recovery of loans and a set of identical cases consisting of income tax controversies.
Likewise, the Bench-2 will consist of Justice Javed Iqbal and Justice Sabihuddin Ahmed. Bench-3 will consist of Justice Sardar Muhammad Raza Khan and Justice Raja Fayyaz Ahmed, Bench-4 Justice Khalil-ur-Rehman Ramday and Justice Sarmad Jalal Osmany, a five-member Shariat Appellate Bench-5 comprising Justice M Javed Buttar, Justice Zia Perwez, Justice Muhammad Farrukh Mahmud, Justice Dr Allama Khalid Mahmud and Justice Dr Rashid Ahmed Jullundhari while Bench-6 will be manned by Justice Mohammad Moosa K Leghari and Justice Sheikh Hakim Ali.
The single bench that will sit in Lahore will comprise Justice Mian Hamid Farooq and Justice Syed Zawar Hussain Jaffery while the two benches at Peshawar will consist of Justice Chaudhry Ejaz Yousaf and Justice Sardar Muhammad Aslam and Justice Muhammad Akhtar Shabbir and Justice Syed Sakhi Hussain Bukhari respectively.