Aitzaz insists reference against CJP malafide

Counsel for Chief Justice Iftikhar Mohammad Chaudhry, Aitzaz Ahsan argued before the Full Supreme Court that the President's reference against the CJP is malafide and illegal on several counts. Resuming his arguments on the merit of the CJP petition after a three-day break on Monday Aitzaz argued that the President filed the reference with pre-determined mind, conspiratorial planning and extraneous consideration.
He contended that the Prime Minister sent the Reference on 8th March 2007 and the President warded it to the Supreme Judicial Council on 9th March without forming his "opinion" which is mandatory under Article 209 under the Constitution.
He said that the Supreme Court has already held in Haji Saifullah case, Mian Nawaz Sharif Case and Benazir Bhutto case that under Article 58 - 2B" formation of opinion" by the President is subject to judicial review.
He said that malafide / malice of the Referring Authority is further proved that the Chief Justice was called to Army Camp Office Rawalpindi and President called his explanation under the Constitution he cannot call for an explanation of a Judge of the superior judiciary.
He said that the entire process was completed in an unholy haste violating all government rules of business which was declared by the Supreme Court as illegal in the Pakistan Steel Mill sell off case.
Aitzaz contended that when the Chief Justice did not resign, the Referring Authority acted with malice, the CJP was detained and his telephones were cut off and was made incommunicado.
He said that the President in his interviews with TV channels has himself admitted that CJP was manhandled and mal treated." A country like India has only survived because there is democracy and independence of Judiciary" he emphasised.
He said that the malafide and malice of the Referring Authority is further proved by the affidavits of COS to the President, DG MI and DGIB as they have admitted their presence with the CJP at the Army Camp Office.
He argued that even the SJC in its judicial orders on 13th March and 16th March confirmed that CJP was under detention therefore the Attorney General should arrange his meeting with his panel of counsel.
He said there was so much malice towards CJP that his name was removed from Supreme Court website and he was humiliated in different manners. Justice Javed Buttar remarked that he could not open the Supreme Court website for two days.
Counsel Aitzaz pointed out that SJC suspended the CJP on 9th March 2007 in its first meeting when it had no powers to do so.
Justice Faqir Mohammad Khokhar remarked "had you not taken up these issues in the SJC, you would not have been here addressing the Full Supreme Court. Aitzaz continued that daily newspapers and TV channel reports of 9th to 13th March confirm that the CJP remained incommunicado and the government did not deny them.
He alleged that the government agencies are still harassing, threatening and pressurising relatives and lawyers of the CJP but they will continue their struggle for the independence of judiciary.
He will continue his arguments on Tuesday. The 13-member full court 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.