ISLAMABAD: Justice Javed Iqbal who has been appointed as the acting Chief Justice of Pakistan (CJS) took the oath of the apex office on Friday.
Justice Abdul Hameed Dogar administrated the oath to the acting CJS.
An earlier report had said that President General Pervez Musharraf has filed a reference against Chief Justice of Pakistan (CJP) Iftikhar Mohammed Chaudhry under section 209.
Supreme Judicial Council (SJC) would conduct the inquiry of the matter.
The Supreme Judicial Council would comprise of Chief Justice of Pakistan, two senior most Judges of Supreme Court and two senior most judges of High Court.
A news report says that under section 209, on the basis of the reports received from Council or other sources regarding misconduct of any Judge of Supreme Court or High Court, the President could direct the SJC to carry out investigations of the charges and if found guilty, the President would dismiss the Judge.
The news report said that President General Pervez Musharraf filed a reference against the Chief Justice of Pakistan (CJP), Chaudhry Iftikhar under section 209 on Friday.
The President also appointed Justice Javed Iqbal as Acting Chief Justice of Pakistan.
The case of Justice Iftikhar Mohammed Chaudhry has been sent to Supreme Judicial Council.
Mr. Justice Javed Iqbal, the next senior most Judge has been appointed Acting Chief Justice of the Supreme Court, as the President Friday sent a reference against the Chief Justice of Pakistan to the Supreme Judicial Council after receiving numerous complaints.
The Reference has been sent under Article 209 of the Constitution of Islamic Republic of Pakistan, on the advice of the Prime Minister, says a press release issued here Friday.
The proceedings were initiated after the Chief Justice could not give any satisfactory reply to the allegations and complaints when he was called by the President and the Prime Minister.
The press release says: ‘Under Article 209 of the Constitution of Islamic Republic of Pakistan, the President on the advice of the Prime Minister has sent a Reference to the Supreme Judicial Council against the Chief Justice of Pakistan after receiving numerous complaints and serious allegations for misconduct, misuse of authority and actions prejudicial to the dignity of office of the Chief Justice of Pakistan’.
Earlier, the Chief Justice was called by the President and the Prime Minister and confronted with the allegations in answer to which he could not give any satisfactory reply.
Consequently, the President and the Prime Minister were constrained to refer the matter to the Supreme Judicial Council as provided in the Constitution.
Mr.Justice Javed Iqbal, the next senior most available Judge of the Supreme Court has been appointed as Acting Chief Justice, as required under the Constitution.”
An earlier report had said that President Gen. Pervez Musharraf has replaced Chief Justice of Pakistan (CJP).
Iftikhar Mohammed Chaudhry, Chief Justice of the Supreme Court served in the post since 2005.
Information Minister Mohammed Ali Durrani said that President Musharraf removed Mr. Chaudhry for ‘misuse of authority’’ but, he gave no further details.
“The President has taken the action after numerous complaints and having personally heard the chief justice. He has acted under the constitutional requirement,” Durrani said.
An official statement said Musharraf acted “after receiving numerous complaints and serious allegations for misconduct, misuse of authority and actions prejudicial to the dignity of office of the Chief Justice of Pakistan.”
The President has submitted a case against Mr. Chaudhry to the Supreme Judicial Council.
The Council is a panel of top Judges that adjudicates cases brought against serving Judges and will decide whether the charges against Mr. Chaudhry merit his formal dismissal and whether he should be prosecuted.
Meanwhile, Justice Javed Iqbal, the next most senior Judge of the Supreme Court, has been appointed as acting Chief Justice of Pakistan.
Former Chief Justice Saeed-ul Zaman Saddiqui told Geo TV that Chaudhry’s removal was “unfortunate,” but that Musharraf had the power to act against Chaudhry.
“He (Chaudhry) was an upright person, and the action against him has surprised me,” said Abdul Qayyum, a retired judge, who now works as a lawyer.
Meanwhile, Justice Javed Iqbal, the senior-most judge of the Supreme Court available after Chief Justice of Pakistan, Iftikhar Muhammad Chaudhary took oath here on Friday as Acting Chief Justice of Pakistan.
Justice Abdul Hameed Dogar, Judge, Supreme Court of Pakistan,administered oath in the oath-taking ceremony held in the Conference Room of the Supreme Court.
The oath taking ceremony began with the recitation from theHoly Quran.
The ceremony was attended by Judges of the Supreme Court available, Chief Justice, Sindh High Court, Justice Sabihuddin, Chief Justice Lahore High Court, Justice Chaudhary Iftikhar Hussain, Judges of the Lahore High Court and Law officers and a number of advocates.
Sketch of Justice Javed Iqbal
The newly appointed ActingChief Justice of Pakistan, Justice Javed Iqbal, who took oath of his office on Friday was born on January 8, 1946.
He holds degrees in M.A. Political Science, LL.B. and M.A. International Law.
Justice Javed Iqbal joined the Bar in 1970, practiced between 1971-72 and then joined service in 1973.
He was elevated to High Court in 1993 and appointed as ChiefJustice of High Court of Balochistan on February 2, 2000.
Justice Javed Iqbal was elevated to Supreme Court of Pakistan on April 28, 2000.