Pakistan's top judge is suspended (Merged)

[roadrunner]

Re: Pakistan’s top judge is suspended (Merged)

@Zakk

^ how is he correct to do this? the constitution has a set procedure for disciplining a SC judge. The reasoning is simple, internal accountabilitywithin the Army and judiciary has an established structure it is something Musharraf has harped on a lot about when he exempted the Army and judiciary from investigation by NAB.

I’m not going through all this again, when it’s been answered two pages ago. The Constitution of Pakistan is very clear, and Musharraf has followed it. Here are the relevant sections (been pasted here a thousand times already).

*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) [the most senior of the other Judges of the Supreme Court] to **act **as Chief Justice of Pakistan. *

http://www.pakistani.org/pakistan/co…part7.ch2.html

The Chief Justice currently has a corruption charge hanging over him so of course he cannot perform the functions of his office at the moment until he has the clear trust of everyone concerned in the matter. Keyword here is act. Act means to replace temporarily until he can perform the functions of his office. in other words, the President has the right to suspend the judges from this text.

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. *

http://www.pakistani.org/pakistan/co…part7.ch4.html

You might not be able to see the Constitution stating clearly that Musharraf has the right to suspend the judge and order an enquiry but only the SJ council can remove the judge from office. The SJ council is not part of the Army fyi.