Re: Pakistan's top judge is suspended
Another thing is timing. The second most-senior judge who could have been an appointment replacing Justice Iftikhar, was Justice Bhagwandas. I understand that he was also an 'active' judge and as far as style is concerned, he was a copy of Justice Iftikhar. The government seems to have planned it in such a way that Justice Bhagwandas is out of the country and therefore, wasn't availble to assume the job. He was also one of the judges who voted against the sale of Steel Mill and he also came into the news when the Punjab government, despite Supreme Court banning Basant, allowed the event to proceed. At that time, Justice Iftikhaar was in China on a 10-day visit and Justice Bhagwandas was the acting chief justice. He also took the suo moto and issued summons to the chief secretary Punjab to explain as to how the festival could be given a go-ahead despite clear instructions from the supreme court.
Another viewpoint that I came across was from a former Sindh High Court's judge. He says that according to the article 198 of the constitution, the chief justice cannot be removed from his post even in the event of a reference being sent or heard by the Supreme Judicial Council. He said it's just like impeacement of the president in which case, president continues to hold his office and no caretaker president is appointed. he said refrence against chief justice if fine, but he should have been allowed to continue in his post. The only curb on him, in this case, would had him not attending the proceedings of the Supreme Judicial Council when the case would have been heard.