Non-functional CJ Reference: Pakistan SJC Adjourns Hearing Till March 21               
‘Pakistan Times’ Federal Bureau

ISLAMABAD: The Supreme Judicial Council (SJC) in Islamabad Friday adjourned the hearing of the presidential reference against non-functional Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry.

The hearing was adjourned till 21 March, Wednesday.

The hearing, which started at 3:00 in the afternoon, ended at 5:15 pm.

Earlier, the non-functional Chief Justice arrived at Supreme Court in a car driven by one of his lawyers, Chaudhry Aitzaz Ahsan.

The SJC panel comprises of Acting Chief Justice of Pakistan Mr. Justice Javed Iqbal, two senior most judges of Supreme Court and two senior judges of high courts.

Details

The Supreme Judicial Council, headed by Justice Javed Iqbal, Acting Chief Justice of Pakistan/Chairman, and comprising Justice Abdul Hameed Dogar and Justice Sardar Muhammad Raza Khan, Judges of the Supreme Court, and Justice Iftikhar Hussain Chaudhry, Chief Justice, Lahore High Court and Justice Sabihuddin Ahmed, Chief Justice, High Court of Sindh (Members), met here Friday for hearing of the application filed by Justice Iftikhar Muhammad Chaudhry challenging the constitutionality of the Council.

According to a press release issued by the Secretary, Supreme Judicial Council (SJC), Ch. Aitezaz Ahsan, who is leading the Panel of Advocates representing Justice Iftikhar Muhammad Chaudhry, sought adjournment for hearing of the application till March 26, 2007 on the pretext of having not been able to meet Justice Iftikhar Muhammad Chaudhry on March 13, 2007 due to the hindrances created by the security personnel deployed outside the Chief Justice House.

The Council also heard the viewpoint of the learned Attorney General for Pakistan and the counsel for the Referring Authority on the issue.

Raja Qureshi and Raja Abdur Rehman who were present on behalf of the Referring Authority submitted that in fact no restrictions whatsoever have been placed, but certain steps have been taken to ensure the safety and security of the respondent.

The Supreme Judicial Council made it clear that there was absolutely no restraint on the respondent who can move freely and everyone has access to see him.

Insofar as the security measures are concerned, this aspect of the matter squarely falls within the jurisdictional domain of the executive/police, the SJC press release said.

Therefore, the Council directed learned counsel for the Referring Authority to ensure that every step is taken in accordance with law.

The Council adjourned the hearing of the application to March 21, 2007 at 3.00 p.m. sharp.

Text of Press Release

Following is text of press release issued by Supreme Judicial Council (SJC) after hearing application filed by Justice Iftikhar Muhammad Chuadhry :

"The Supreme Judicial Council, Headed by Mr. Justice Javed Iqbal, Acting Chief Justice of Pakistan/Chairman, and comprising Mr. Justice Abdul Hameed Dogar & Mr. Justice Sardar Muhammad Raza Khan, Judges of the Supreme Court, and Mr. Justice Iftikhar Hussain Chaudhry, Chief Justice, Lahore High Court and Mr. Justice Sabihuddin Ahmed, Chief Justice, high Court of Sindh(Members), met today at Islamabad for hearing of the application filed by Mr. Justice Iftikhar Muhammad Chaudhry challenging the constitutionality of the Council.

Ch. Aitezaz Ahsan, who is leading the Panel of Advocates representing Mr. Justice Iftikhar Muhammad Chaudhry, sought adjournment for hearing of the Application till 26.3.2007 on the pretext of having not been able to meet Mr. Justice Iftikhar Muhammad Chaudhry on 13.3.2007 due to the hindrances created by the security personnel deployed outside the Chief Justice House.

The Council also heard the viewpoint of the learned Attorney General for Pakistan and the counsel for the Referring Authority on the issue.

The Supreme Judicial Council made it clear that there was absolutely no restraint on the respondent who can move freely and everyone has access to see him. Insofar as the security measures are concerned, this aspect of the matter squarely falls within the jurisdictional domain of the executive/police.

Therefore, the Council directed learned counsel for the Referring Authority to ensure that every step is taken in accordance with law.

The Council adjourned the hearing of the application to 21.3.2007 at 3.00 p.m. sharp."

The first hearing of the presidential reference against Justice Iftikhar Muhammad Chaudhry was held on last Tuesday. Justice Chaudhry had filed his objection over the formation of the SJC and inclusion of some judges in the council.

Non-functional Chief Justice had filed a four pages application, after which the council had summoned the Attorney General of Pakistan and the government.

An earlier report said that the Supreme Judicial Council (SJC) Friday started hearing of presidential reference against Justice Iftikhar Muhammad Chaudhry.

On Friday, the Non-functional Chief Justice arrived at Supreme Court in a car driven by Chaudhry Aitzaz Ahsan.

A panel of advocates of Justice Iftikhar Chaudhry earlier met him. The lawyers’ panel comprises of Chaudhry Aitzaz Ahsan, Qazi Muhammad Anwar, Ali Ahmad Kardar and Tariq Mahmood.●