Supreme Court of Pakistan Decides to Hear Justice Iftikhar's Petition
'Pakistan Times' Federal Bureau Report

ISLAMABAD: The Supreme Court's 13-member full court Monday decided to hear the constitutional petition of Justice Iftikhar Muhammad Chaudhry on the question of its merits.

The bench however said it would give a decision on the issue of maintainability of all petitions including that of Justice Iftikhar Muhammad Chaudhry on the conclusion of the hearing on the merits of the main petition.

Head of the full court, Justice Khalil-ur-Rehman Ramday, announcing the ruling, said: "The issue of maintainability will be decided along with the merits of the main case. We have decided to start the hearing of the petition of Justice Iftikhar Muhammad Chaudhry on merits."

After the ruling, Justice Iftikhar Chaudhry's counsel, Ch. Aitzaz Ahsan, started his arguments on the merits of the petition filed under Article 184 (3) of the constitution.

The petition raises many constitutional points with regard to validity of the reference filed against Justice Iftikhar Muhammad Chaudhry under Article 209 of the Constitution. It challenges the constitution, composition and competence of the Supreme Judicial Council (SJC).

Justice Muhammad Nawaz Abbasi asked Aitzaz Ahsan to confine himself to the merits of the petition according to Article 184 (3) of the Constitution and refrain from arguments on the reference. The bench edorsed the point.

Aitzaz Ahsan, recalling details of the meeting of Justice Iftikhar Muhammad Chaudhry with the President on March 9, alleged malice in filing the reference.

The counsel claimed that Justice Iftikhar Muhammad Chaudhry was kept at the Camp Office against his will for more than five hours and during that time the reference was filed and a notification restraining him from functioning as judge and chief justice was issued.

He said that the reference was filed in haste even when Justice Iftikhar Muhammad Chaudhry was still at the Camp Office.

The counsel also repeated the claim -- which has been denied by the concerned through affidavits -- that the chief justice was pressurized to resign by the heads of intelligence agencies.

Aitzaz Ahsan argued that the SJC proceedings on March 9 were unconstitutional as this forum could not be constituted without a chief justice.

He questioned the validity of the notifications issued on March 9 for the appointment of an Acting Chief Justice, convening of SJC meeting and restraining order against Justice Iftikhar.

The counsel also contended that a chief justice could not be sent on forced leave under a law made during the rule of Yahya Khan which was no more in the filed now.

Aitzaz Ahsan will continue his arguments on the merits of the petition when the full court resumes hearing on Tuesday.

The full court directed that there would be no arguments from the side of other petitioners and only the counsel of Justice Iftikhar Muhammad Chaudhry would present arguments.

From the government said, only Sharifuddin Pirzada, who is representing the referring authority, and Maqbool Elahi Malik, counsel of the Federation, will be allowed to argue after Aitzaz Ahsan has completed his arguments, the bench said.

The proceedings Monday started late by 45 minutes as Justice Ramday's flight from Lahore was delayed.

Before the ruling, the court asked counsels of the Federation who were awaiting their turn to present their arguments. But Muhammad Siddique Mirza, Maqbool Elahi Malik, Shabbir Lali, Malik Abdul Sattar Chughtai, Abdul Hameed Rana and Khalid Mehmood Farooqui, besides others, were given only a few minutes each on the ground they were repeating what had already been stated by other counsels from the government side.

Rai Muhammad Nawaz Kharal and Pervez Alamgir Sheikh, appearing for the Federation in two separate petitions, adopted the arguments submitted by Sharifuddin Pirzada and Malik Muhammad Qayyum.

Ch. Naseer Ahmed completed his arguments in only five minutes as the bench stopped him from taking more time.

The court told Habib Wahab-ul-Khairi that his petition would be heard along with other petitions.

Maulvi Iqbal Haider was told to submit his application in the office of the Supreme Court regarding his petition as the full court could not hear a petition which is not listed before it.

The full court comprises Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokhar, Justice Mian Shakirullah Jan, Justice M. Javed Buttar, Justice Tassadduque Hussain Jillani, Justice Saiyed Saeed Ashhad, Justice Nasir-ul-Mulk, Justice Raja Fayyaz Ahmed, Justice Ch.Ijaz Ahmed, Justice Syed Jamshed Ali, Ad-hoc Justice Ghulam Rabbani and ad-hoc Justice Hamid Ali Mirza.●