Re: Pakistan’s top judge is suspended (Merged)
Wrong. The President is Constitutionally OBLIGED to suspend the Chief Justice if he is of the opinion that the Chief Justice is guilty of something.
From a previous post (try reading it, then try understanding the English - if you cannot understand English, I can get someone to explain it to you in Urdi or Hindi if you need).
Article 180 is very CLEAR that Musharraf can suspend the Chief Justice and appoint a new one to act in his place while the SJ Council inquire into the allegations. It is clearly mentioned implicitly that Musharraf has the power to suspend the Chief Justice, here it is once more.
*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 important point here is the phrase “The President shall appoint”. This means that the president has the constitutional obligation to invoke this Article, and appoint a new acting Chief Justice if the Chief Justice is unable to perform the functions of his office. This much is clearly stated, and this is a clear statement that the President has the power to suspend the Chief Justice. Only the President can invoke this Article, and appoint a new Chief Justice, it so follows that the old Chief Justice will remain suspended. Taken together with Article 209, it is clear the President cannot sack the Chief Justice, and has to abide by the Council decision, which makes the judiciary independent of the government, though the president does clearly have the power to appoint a new Chief Justice while waiting for the results of the inquiry.