Supreme Court will resolve judicial crisis: Ramday

The head of the 13-member Supreme Court Full Bench, Justice Khalilur Rehman Ramday, on Wednesday described the petition of Chief Justice as not a simple case but a national judicial crisis. He said that the whole nation was suffering from this crisis.
"Therefore, all of us should try to create national understanding and cohesion so that we emerge as a united and cohesive nation." Justice Ramday made these observations during hearing of the petition of CJP against Presidential Reference.
Counsel for CJP, Aitzaz Ahsan, completed his arguments on the merits of the petition and assured the Court that, if restored, the Chief Justice would forget the bitterness of March 9 and thereafter and take everybody along in the performance of the functions of his august office. He argued that the Supreme Judicial Council was not a competent forum to hold accountability of CJP, "who is head of the Judiciary".
He said that the Supreme Court had already held in the AL-Jehad case that only the Chief Justice could preside over the Supreme Judicial Council and, without him, the SJC was not a properly constituted forum. Further he contended that in Malik Assad Ali case 1997, the Court had decided that Full Supreme Court was the proper forum for accountability of the Chief Justice.
He argued that there were different forums for impeachment of the Heads of the institutions like the President, Prime Minister, Senate Chairman, National Assembly Speaker. He submitted that the Constitution does not permit appointment of an Acting Chief Justice just because of filing a reference against the CJP.
Justice Ramday remarked: "Protection of the Heads of the Institutions is necessary for the dignity and security of the institutions." Justice Faqir Mohammad Khokhar inquired: "If we accept the argument that a reference against CJP cannot be filed in the SJC, CJs of High Courts will also claim similar immunity.
Aitzaz said that the Constitution provides for their substitutes to sit on SJC, but there was no substitute for the CJP. "Under the Army Act, Chief Court Martial cannot hold trial of the Chief of the Army Staff since he is convenor of all military courts," he added.
Justice Ramday asked the counsel to provide a copy of the Army Act to the Court. Justice Mohammad Nawaz Abbasi remarked: "The Constitution is silent with regard to the Full Supreme Court." Aitzaz said that the Constitution is silent about many things, but courts interpret the laws and this question has been resolved in Malik Assad Ali case in 1997.
He also presented a chart of contradictions in affidavits filed by Chief of Staff to the President, Director-General Military Intelligence, Director General Intelligence Bureau and President's interviews.
He said that the President, who is respondent in the petition, has not filed his affidavit in reply to the affidavit of the Chief Justice. Instead, COS, DG MI & DG IB filed affidavits whereas they are a party in the case. He said the Chief Justice was ready to appear before the court for cross-examination about his affidavit.
However, Justice Ramday said that the court would not consider these affidavits. But he reiterated that the Legislature should ponder that everyone has a right of appeal, except the Chief Justice and Judges of the Superior Courts.
Attorney General Makhdoom Ali Khan is expected argue the case on Thursday. The Full Bench, headed by Justice Khalilur Rehman Ramday, includes Justice Mohammad Nawaz Abbasi, Justice Faqir Mohammad Khokhar, Justice Mian Shakirullah Jan, Justice M. Javed Buttar, Justice Tassaduq Hussain Jillani, Justice Sayed Saeed Asshad, Justice Nasirul Malik, Justice Raja Fayyaz Ahmad, Justice Chaudhry Ejaz Ahmad, Justice Sayed Jamshed Ali and two ad hoc judges, Justice Hamid Ali Mirza and Justice Ghulam Rabbani.