Conspiracy hatched against Chief Justice on March 12: Aitzaz

Chief Justice Iftikhar Mohammad Chaudhry's lead counsel Aitzaz Ahsan pleaded before the full Supreme Court Bench on Thursday that a conspiracy was hatched and a "coup" was staged on March 12 to remove the CJP unconstitutionally.
He said on the day of filing the reference, the government issued three notifications for suspension of the CJP, appointment and oath-taking of the Acting Chief Justice. He argued that there were already 42 references pending in the SJC but the SJC picked up the 43rd reference against the CJP and started its proceedings the same evening.
He said the SJC in its first meeting passed an order to restrain the CJ to perform his functions as a judge and the chief justice whom the President already suspended by an Executive Order.
"The SJC passed order suo motu without giving a notice to the CJP, whereas the attorney general had not made any application for an order to restrain the CJP", he added. Aitzaz said the President again passed another order on March 15, 2007 under PO 27, 1970 (Judges Compulsory Leave Order 1970) to send CJP on forced leave.
Questioning legality of these three orders, the counsel pointed out that under Article 209 a judge can be removed but he cannot be suspended or restrained. He asked if the President's order of March 9 to suspend the CJP was valid and effective then why did the SJC passed an order to restrain the CJP. He submitted since President's order to suspend the CJP is illegal, then appointment of ACJ, his oath and convening of SJC are also illegal acts.
He also argued if the SJC order of 9/3/2007 to restrain the CJP was valid and effective then why did the President issue another order on March 15 to send the CJP on forced leave whereas the SJC had not revised its decision.
He contended it shows the reference was filed in a conspiratorial manner on the advice of heads of the Intelligence Agencies with the sole purpose to remove of the CJP.
Aitzaz said another important question arises who convened the SJC on 9/3/2007, since it was not convened by Acting Chief Justice Javed Iqbal. Justice Mohammad Nawaz Abbasi intervened and asked: "Do you have any evidence to prove it."
Aitzaz replied: "You are my evidence. You along with other members of the SJC were present at the ACJ oath-taking ceremony." Justice Javed Buttar remarked: "It may be possible that the chief justices of LHC and SHC had come to attend the oath-taking ceremony."
Aitzaz replied: "How many times chief justices of LHC and SHC had come to attend the oath-taking ceremony of an Acting Chief Justice? Justice Khalilur Ramday remarked: "Unless the other side (government) insists on it, the court would not like to go into detail of this matter otherwise many things would surface."
He, however, remarked that some body, who knew about the reference, would have informed the chief justice of SHC at about 12 noon since it would have taken at least four hours to reach Islamabad in a special flight to attend the oath-taking ceremony at 5 pm.
He said the court has registered this point but it would not go into further details. Elaborating functions of the SJC under Article 209, the counsel said it is just an inquiry body and Article 210 gives it limited powers for securing attendance of a person or production of documents/record.
But he argued the SJC passed a discriminatory order to restrain the CJP which shook the country, without quoting any law under which it exercised this unusual jurisdiction.
He said if these illegal acts of suspending the judges or sending them on forced leaves are not checked then judges would be passing orders to make each other non-functional. Justice Khokhar (in a lighter vein)said: "You arrange for a coaster (to take the judges to address Bar Associations)." Addressing Justice Khokhar, Aitzaz said: "I am ready to arrange a coaster, but I am sure you would not be in it." (laughter in the court room).
Justice Javed Buttar remarked: "But some body is to write the judgement." Aitzaz maintained since except for holding an inquiry, the SJC cannot pass a final order, therefore, it also cannot pass an interim order. Justice Jamshed observed SJC's order to restrain the CJ is not an interim but a final order.
Aitzaz contended since the referring authority had passed illegal orders like suspension of the CJ, he issued another order on March 15 under PO 27 of 1970 to send the CJP on forced leave with retrospective effect from 9/3/2007. Justice Buttar asked: "Was the CJP given a notice or heard before sending him on forced leave?"
Justice Ejaz observed: "Sending someone on forced leave is a penalty and law of natural justice demands that he should be heard." Aitzaz replied: "Exactly, this is my case, that is why I consider it unlawful and ineffective." Justice Ramday observed: "It means if the court reinstates the CJP, he would still remain on forced leave under PO 27 till a decision of the Reference."
Aitzaz said that PO 27 was promulgated by another dictator General Yahya Khan in 1970, and in an interview Syed Sharifuddin Pirzada has admitted that he was consulted in preparation of this Order. The counsel said the military dictators curtailed and encroached upon the independence of judiciary, removed the judges through PCOs, Martial Law promulgation's, etc and used different means to pressurise them.
Justice Buttar remarked: "We have traditions from the past that jurists who proclaim themselves 'great jurists' helped the chief martial administrators in preparation of martial law proclamations, regulations PCOs and if they continue to project themselves as 'great jurists'."
Aitzaz pointed out that eminent Law Minister Manzoor Qadir left out the chapter of 'Human Rights' in the 1962 Constitution of Ayub Khan which was included later on.
Aitzaz will continue his arguments on Monday. 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 Ashad, 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.