boota
March 13, 2007, 11:54am
384
Re: Pakistan’s top judge is suspended (Merged)
This is not the case.
*180. Acting Chief Justice. **At any time when- **(a) the office of Chief Justice of Pakistan is vacant; or **(b) the Chief Justice of Pakistan is absent or is **unable to perform the functions of his office due to any other cause, **the President shall appoint **[163]http://www.pakistani.org/pakistan/constitution/part7.ch2.notes.html#163 )
Chapter 2: "The Supreme Court of Pakistan." of Part VII: "The Judicature"
The Chief Justice is not performing his functions at the moment because he is currently viewed as corrupt. Remember the President only needs to be of the opinion that the Chief Justice is corrupt for him to refer the matter to the SJC.
On referring the matter to the SJC, this is clear cut and totally in line with the Consitution as shown now.
*(5) If, on information [231A]](http://www.pakistani.org/pakistan/constitution/part7.ch4.notes.html#231A ) [from any source, the Council or] the President is of the opinion that a Judge of the Supreme Court or of a High Court, (a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or (b) may have been guilty of misconduct , **the President shall direct the Council to [231B]](http://www.pakistani.org/pakistan/constitution/part7.ch4.notes.html#231B ) , or the Council may, on its own motion,] inquire into the matter . *
*(6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion, **(a) that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and (b) that he should be removed from office, the President may remove the Judge from office. *
Chapter 4: "General Provisions Relating to the Judicature" of Part VII: "The Judicature"
Quoting for a dictator..? a pity i think..