CJ case referred to full bench

Essentially the Supreme Court has conceded the CJ’s point on the Supreme Judicial Council. A pretty damning indictment on the givernments reference.

Pakistan court halts judge probe

Pakistan’s Supreme Court has suspended an inquiry into misconduct charges against the country’s top judge.

It ruled that the case of Chief Justice Iftikhar Mohammad Chaudhry should instead be heard by the Supreme Court, as argued by the defendant himself.

Mr Chaudhry, who is known for taking on government wrongdoing, was suspended by President Pervez Musharraf in March.

The decision triggered weeks of nationwide protests by disaffected lawyers and opposition parties.

Anger over his sacking poses the biggest challenge to Gen Musharraf’s rule since he seized power in 1999.

Mr Chaudhry says he is fighting for the independence of the judiciary but the protests in his favour have turned into a broader campaign against military rule, correspondents say.

‘Destruction’

The BBC’s Syed Shoaib Hasan in Karachi says that the ruling is a victory for Mr Chaudhry who argued that the Supreme Judicial Council would not hear his case fairly.

Our correspondent says that the suspended judge believes that a full court bench comprising senior supreme court judges will give him a better chance of an impartial hearing.

Mr Chaudhry is used to petals been thrown by his supporters

He was challenging abuse of office allegations, including accusations that he procured a top police job for his son.

On Sunday, Mr Chaudhry told a crowd of thousands in Lahore that dictatorships which ignore the rule of law face “destruction”.

However. he made no direct reference to President Pervez Musharraf.

There have been almost daily demonstrations by his supporters.

For his part, President Musharraf has warned lawyers not to politicise the issue.

“This is a constitutional and judicial issue and those giving it a political tone will not be successful in their designs,” he said.

Re: CJ case referred to full bench

Supreme Court has actually accepted a point from both parties. CJ's laywers asked for the stay on the Supreme Judicial Council, which SC have granted and Govt asked got the full-bench and SC has also approved that.

Re: CJ case referred to full bench

And government has started talking of imposing emergency.

Re: CJ case referred to full bench

You are technically correct, the government changed it's stance initial stance of the SJC to the full bench.

However the SC ignored a lot of behind the scenes pressure from the government to make that decision. The Supreme Court Judges who were scared of confronting the government immediately after the suspension/leave/imprisonment are now asserting themselves and the governments ability to influence the situation is rapidly eroding.

All the SC has to do now is to strike down the reference on the grounds that it was an unlawful reference for Iftikhar Chaudhry to be reinstated.