No one can manipulate full court: Ramday

Justice Khalil-ur-Rehman Ramday, head of a 13-member bench hearing constitutional petitions filed by Justice Iftikhar Muhammad Chaudhry and others, said on Wednesday that no one could manipulate the full court.
He made the observation during discussion on a point raised by Chaudhry Aitzaz Ahsan, counsel of Justice Iftikhar Chaudhry, that a superior court judge against whom a reference has been filed could not be suspended or restrained from functioning. The counsel argued that a chief justice facing a reference could constitute a full court or a bench to hear cases.
Raising a question, Justice Faqir Muhammad Khokhar asked whether there would be room for manipulation if a chief justice facing reference could constitute a bench. Aitzaz Ahasn sharply reacted to the observation. Justice Ramday intervened and said, "I withdraw the observation given by my Lord on behalf of the bench; no one can manipulate the full court." The counsel of Justice Iftikhar Chaudhry, continuing his arguments, said a chief justice was not above accountability but this should be done by a full court.
Aitzaz Ahsan cited various judgements in support of his contention that a superior court judge cannot be suspended after the filing of a reference. He said according to Supreme Court judgement in judges case, a judge of a superior court shall not be removed without invoking Article 209 of the Constitution. There was no provision in this article for suspending or restraining a judge, he contended.
The counsel said the two notifications issued by the Referring Authority and the Supreme Judicial Council (SJC) on March 9 for suspending and restraining the chief justice respectively were illegal and unconstitutional. He said the SJC acted even though, there was no application before it seeking a restraining order against Justice Iftikhar Chaudhry.
Aitzaz Ahsan pointed out that even when an assembly is dismissed the speaker continues his administrative functions until the election of a new assembly.
On the direction of the court, the counsel presented a copy of the rules of procedure and conduct of business of the National Assembly and would speak on the point further during the proceedings of the full court on Thursday.
Talking about security of tenure, the counsel said independence of judiciary is dependent on security of term of judges. He said security of tenure was vital for a judge to function independently.
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 Chaudhry Ijaz Ahmed, Justice Syed Jamshed Ali, Ad hoc Justice Ghulam Rabbani and Justice Hamid Ali Mirza.