Supreme Court formally allows CJP to contest his suspension

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 said it would give a decision on the issue of maintainability of all petitions including that of Justice Iftikhar Muhammad Chaudhry's 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, Chaudhry 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 endorsed 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 pressurised 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 advance arguments.
From the government said, only Sharifuddin Pirzada, who is representing the referring authority, and Maqbool Elahi Malik, counsel for 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 counsel 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. Chaudhry 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 Chaudhry Ijaz Ahmed, Justice Syed Jamshed Ali, Ad-hoc Justice Ghulam Rabbani and ad-hoc Justice Hamid Ali Mirza.
M RAFIQ GORAYA ADDS: The court further announced that it would not hear 36 identical petitions that had been clubbed with the CJP's. After the court decision Aitzaz started his arguments on the merits of the petition and submitted, inter alia, that the reference was prepared in an "unholy haste" as it was not read even by a Joint Secretary not to speak of the Secretary, Law Minister, Prime Minister and the President before it was to the Supreme Judicial Council.
Aitzaz claimed that affidavits of Chief of Staff to the President, Director General Military Intelligence and Director General Intelligence Bureau are full of fabrications.
He also questioned the arrangements made to hold a meeting of the Supreme Judicial Council on the evening of 9th March 2007 and travel of two judges from Karachi and Lahore in special planes to attend the SJC meeting.
He will continue his arguments on Tuesday. Lawyers for the Chief Justice termed it a first round victory in their legal battle with the government "We are very happy and satisfied that the court has begun regular hearing of the petition, the lead counsel for the Chief Justice, Aitzaz Ahsan told newsmen.
AFP ADDS: The Supreme Court formally allowed Chief Justice Iftikhar Muhammad Chaudhary to contest his suspension by military ruler Musharraf on March 9--a challenge that government lawyers have argued against strenuously.
"In a sense it is a victory for us that they have started hearing the petition. We were 99.9 percent sure that they would not reject it," Tariq Mahmood, senior counsel for the chief justice, told AFP.
Chaudhry denies charges that he got a senior police job for his son and that he used official cars and helicopters that he was not entitled to. Critics allege that Musharraf wants to sideline the chief justice to eliminate legal obstacles to his reelection as president-in-uniform, most likely in September.
The constitution says he should quit as army chief this year. Law Minister Wasi Zafar however said that the government would file a second set of allegations against Chaudhry, because the judge's lawyers had politicised the issue instead of going through the courts.
"It has become the duty and constitutional obligation of the government to file a fresh reference (complaint)," Zafar said. "Total responsibility for the second reference against the chief justice lies with his lawyers." The minister said in a statement the new charges would include "acts and events" after March 9.
Chaudhry has held several rallies since then and the government has blamed him for fuelling the situation - especially after pro- and anti-Musharraf supporters clashed in Karachi on May 12, leaving more than 40 people dead.
Meanwhile The New York Times called Monday for the US government to begin to sever its ties to Musharraf over the crisis, after the Pakistani leader ordered a crackdown on the media and the opposition. Musharraf has been a lynchpin in the US-led "war on terror" since 9/11. "Pakistan seems to be rapidly approaching a critical turning point, with a choice between intensified repression and instability or an orderly transition back to democratic rule," the influential daily wrote in an editorial.