First time in Pakistan today. Petition filed against the reference by the CJP in his own courtroom with 132 legal clauses based on 150-200 pages.
Lets see where this goes ![]()
First time in Pakistan today. Petition filed against the reference by the CJP in his own courtroom with 132 legal clauses based on 150-200 pages.
Lets see where this goes ![]()
Re: President of Pakistan Vs The Chief Justice of Pakistan
This is going to be one long drawn out inquiry. Make urself comfortable folks.
CJP challenges reference in Supreme Court: New twist to raging controversy
By Nasir Iqbal
ISLAMABAD, April 18: Chief Justice Mr Justice Iftikhar Mohammad Chaudhry on Wednesday filed a constitutional petition in the Supreme Court challenging President Pervez Musharraf’s move to file a reference against him.
A three-member bench will take up the petition on Thursday.
Never before in the country’s history has an incumbent chief justice filed a petition in his own court to defend his position in the wake of a judicial or administrative action.
In a clear demonstration that these were unusual times for the judiciary, Justice Iftikhar Chaudhry filed the petition through his counsel on a day when his fate as the highest adjudicator was being discussed by the Supreme Judicial Council (SJC) in the same premises, but not in a court room.
The petition was filed after the SJC rejected a request by the defence team seeking a decision on questions of bias levelled by it against three members of the SJC.
The same bench is already hearing five similar petitions, including a challenge that under Article 209 of the Constitution, that no reference can be filed against the sitting chief justice.
Pakistan Bar Council, the Supreme Court Bar Association and the Lahore High Court Bar Association plan to file petitions on these issues on Thursday.
Filed by Barrister Aitzaz Ahsan and Gohar Ali Khan on behalf of the Chief Justice, the petition raised 132 questions on the competence of the SJC to try the Chief Justice. These include: constitution of the Supreme Judicial Council without the CJP, the personal bias and prospects of advancement of some members of the council, alleged mala fide of the referring authority and Prime Minister Shaukat Aziz, the haste with which the referring authority (the president) acted against the CJP, illegal suspension and forced leave, illegal assumption of office by the Acting Chief Justice, the executive assault on the independence of judiciary and in-camera proceedings of the SJC.
The petition has been divided into four sections – questions of law, the facts of the case, the grounds for the petition, and the relief being sought.
The petitioner has also narrated salient events of his career as the CJP, including events of March 9.
Justice Iftikhar Chaudhry said in the petition that he incurred the displeasure of the president, the prime minister and their associates as he took up 6,000 cases of human rights abuses.
Denying charges levelled against him in the reference, the petitioner called for an open public trial by an impartial, un-biased and legally competent forum with full opportunity to obtain the record required for his defence.
He also requested the court to declare that no reference could be filed by the referring authority or examined by the SJC against the CJP under Article 209 of the Constitution.
Likewise, the council could also not inquire into the CJ’s conduct or try him.
He also requested the top court to declare that the SJC could not be lawfully constituted in the absence of the CJP and that an acting chief justice could not preside over the council.
The petitioner also asked the court to hold that the reference filed against him was mala fide and for a collateral purpose, and that the orders purporting to restrain the petitioner from performing his functions or purporting to send him on forced leave were without lawful authority.
Justice Iftikhar requested the Supreme Court to restrain the council from hearing the reference as some members harbour bias against the petitioner, rendering them inelligible to be a member of the SJC.
The Supreme Court was also asked to declare that the SJC’s decision to hear the case in camera was against the constitution and it would violate the fundamental rights, and amount to a travesty of justice and fair-play.
Re: President of Pakistan Vs The Chief Justice of Pakistan
**Justice Iftikhar’s constitutional petition hearing adjourned till April 24
**
ISLAMABAD: A three-member bench of the Supreme Court adjourned the hearing of a petition, filed against certain clauses in the presidential reference by non-functional Chief Justice Iftikhar Muhammad Chaudhry, till April 24.
The apex court registrar office had rejected the petition due to certain objections but three-member bench of the Supreme Court headed by Justice Sardar Muhammad Raza Khan set aside the objections of the registrar office and decided to hear the petition in an open trial and ordered issuance of notices to all the parties.
The 200-page petition, filed under Article 184(3) of the Constitution was filed through the lawyer of the chief justice Chaudhry Aitzaz Ahsan.
The petition carrying as many as 132 points of law with the Supreme Court, questioning the constitutional position of the presidential reference filed against CJP, suspension of the chief justice and sending him to forced leave, appointment of the acting chief justice and formation of the Supreme Judicial Council.
The petitioner has also requested for issuance of stay order against the Supreme Judicial Council (SJC) proceedings till the final verdict on the petition.
Interesting. So we have the SJC hearing on 24th, and also this case hearing is scheduled for 24th. One open other in camera :hmmm:
Re: President of Pakistan Vs The Chief Justice of Pakistan
**جسٹس افتخار کا علم بغاوت اور بلند
****جسٹس سجاد اور نواز شریف حکومت میں جس شخص کو سب سے زیادہ فاہدہ پہنچا تھا وہ سینیٹ کے چیئرمین وسیم سجاد تھے جو صدر فاروق لغاری کے جانے کے بعد قائم مقام صدر پاکستان بن گئے تھے اور بطور صدر سرکاری خزانے سے اسلام آباد میں اپنے ذاتی گھر کی آرائش پر ایک کروڑ سے زیادہ خرچ کروا لیا تھا۔
’اللہ پر بھروسہ مگر آپ پر نہیں‘
**
Dysfunctional CJ Vs President
Dysfunctional CJ Vs President
Both are on war path by showing people’s strength, conducting rallies one at Lahore and other at Naukot. (Farq Saff Zahir Hay)This is a not a good sign. Long time ago when he kicked NS, I said that he should announce elections and go back to his profession. But as usual lust of power and money entangled him and thereafter he was caught in a web of 9/11. Though friendship with Uncle Sam did pay some dividends but the losses in terms of self-esteem, mismanagement, law and order, further destructions to institutions are enormous. In fact Pakistan lost its credibility and free and independent state in the eyes of the world. After saying that, it is a good time for Musharaf to leave the post of president and get retirement. Possibility is that if he does not, he would be overthrown, disgraced by another dictator, which is a common denominator for almost all the rulers of Paksitan since 1947.
Pakistan is now Punjabistan, when chaudhries decide a change, better it should be.
FARID
Re: Dysfunctional CJ Vs President
The possibilities of reconciliation are decreasing by the hour. Both sides are turning on the heat. Q league openly criticizing CJ and lawyers raising slogans against Musharraf that were never heard before.
I hope all ends well.
Re: Dysfunctional CJ Vs President
The fact that thousands come to support the CJ, while Mush has to pay and force people to come to his rallies is telling
Re: Dysfunctional CJ Vs President
Never in the history of Pakistan, people saw such a confrontation between Chief Justice of Supreme Court and President of Pakistan. As I said earlier, Musharaf should think of exit strategy from deep $hit. Sooner the better.
http://www.dawn.com/2007/05/06/welcome.htm
Suspended Pakistani judge warns against dictatorship LAHORE, Pakistan, May 6 (Reuters) - Pakistan’s suspended chief judge, Justice Iftikhar Mohammad Chaudhry, told thousands of cheering supporters on Sunday that dictatorship was a thing of the past and states that ignored the rule of law and basic rights got destroyed. Justice Chaudhry arrived in Lahore early Sunday morning after tens of thousands of supporters turned out to greet him as he travelled by road from Islamabad. The trip normally takes four hours but took him more than 20. An exhausted-looking Chaudhry, 58, made an open-air address in the compound of the provincial high court. His speech was carried live on private television stations. Speaking in the compound of the Lahore High Court to thousands of lawyers, 17 of Punjab province’s 23 judges, and opposition activists outside on the street, Chaudhry made no direct reference to President Pervez Musharraf or his government. But his message was clear. “Nations and states which are based on dictatorship instead of the supremacy of the constitution, the rule of law and protection of basic rights get destroyed,” Chaudhry said. “The idea of dictatorship and collective responsibility are over,” he said. “They are chapters from the past and those nations which don’t learn lessons from the past and repeat those mistakes, they have to pay a price.” “Basic human rights are a backbone in the formation of a civilised society,” said Chaudhry, who added that he had never been involved in politics. (Posted @ 12:48 PST)
Pakistanis throng streets to greet suspended judge LAHORE, May 6 (Reuters) - Tens of thousands of Pakistanis who had waited through the night gave a tumultuous reception on Sunday morning to the judge who defied President Pervez Musharraf as he arrived in a long motorcade in the city of Lahore. The cry of “Go, Musharraf go” rang out as Chief Justice Iftikhar Chaudhry entered Lahore at the head of a caravan carrying supporters and media, more than 20 hours after setting out from the capital, Islamabad. Well-wishers clambered over his four-wheel-drive car, a familiar sight throughout the judge’s marathon journey from the capital. As the sun rose over the suburbs of Lahore, it revealed the scale of support for the judge Musharraf charged with misconduct. People lined the streets and peered from flyovers to glimpse the man who has been transformed into a symbol of resistance since his suspension on March 9 plunged the country into a judicial crisis The size of the procession swelled as it approached Lahore. Huge crowds, waving flags of opposition groups and chanting anti-Musharraf slogans, took to the streets. Chaudhry entered the Lahore city limits at day-break and got an unprecedented welcome as he reached the precincts of the Lahore High Court buildings. He appeared on the dias at about 9 a.m. local time to address Lahore’s legal community . Media reports said about 17 of the high court judges were amongst the thousands present on the occasion. (Posted @ 10:05 PST)
http://www.dawn.com/2007/05/06/top2.htm
LAHORE: Braving heat and police blockades, thousands of people, including lawyers, political workers and human rights activists, gathered at the Lahore High Court on Saturday evening to receive Chief Justice Iftikhar Mohammad Chaudhry.
Lahore High Court Bar Association’s president Ahsan Bhoon told reporters that at least 16 high court judges were among those who waited for the Chief Justice.
People continued to throng the LHC and its adjoining areas till the filing of this report after midnight. Workers of the Pakistan People’s Party, Pakistan Muslim League (Nawaz), Muttahida Majlis-i-Amal and Pakistan Tehrik-i-Insaaf came out in large numbes to take part in the rally. They danced to the beats of drums as did lawyers, and chanted slogans against President Gen Pervez Musharraf’s government.
The reception arranged for the Chief Justice proved to be a big show of strength by the opposition and lawyers in the face of many obstacles created by the provincial government. “People have given their verdict. It’s time for change, and for democracy. Musharraf has to go now,” PPP leader Naheed Khan told reporters. Other opposition leaders also expressed similar views.
The government had deployed some 8,000 policemen in various parts of the provincial capital to control the law and order situation.
http://www.dawn.com/2007/05/06/top3.htm
It’s a purely judicial issue, says president
NAUKOT (Tharparkar), May 5: President General Pervez Musharraf said on Saturday that lawyers must stop using the reference against Chief Justice Iftikhar Mohammad Chaudhry for political gains and allow the Supreme Judicial Council to deal with the case in a legal and constitutional manner.
Addressing a large public rally here, the president said that some elements, particularly a group of lawyers, were trying to politicise the issue, adding that they were trying to manipulate a ‘purely constitutional and judicial matter’.
Urging lawyers to avoid confrontation, President Musharraf warned people against ‘elements using the CJ’s reference for personal and political gains’, and said they should not follow them.
Claiming that people in ‘millions’ attended the rally, the president said that the level of public participation was outstanding. Their presence in such large numbers, he added, proved that they did not support the lawyers’ campaign.
Referring to the war against terrorism, the president said that terrorists and extremists were trying to block progress and prosperity. He said that the government was taking strict measures to curb terrorism and extremism.
Praising Sindh, he said it was a matter of great satisfaction that there was no terrorist or extremist activity in Sindh.
Urging the people to re-elect legislators who were in the current assemblies, he said that would ensure development projects’ continuity.
Highlighting the diverse composition of the Pakistan Army, he said that people from all over the country were serving in the national institution. He said that there were thousands of soldiers from Sindh and Balochistan in the army.
The president said that the army was engaged in various development projects, especially in remote areas like Thar.
He said that Sukkur Barrage had been repaired within a record time of six months, adding that it had been made operational and safe for another 100 years.
Earlier, President Musharraf performed the ground-breaking ceremony of a cadet college in Naukot. The federally-funded project would be completed in four years at a cost of about Rs349.3 million.
Sindh Chief Minister Dr Arbab Ghulam Rahim attended the ceremony.
Later, the president also inaugurated projects for lining minor canals and waterways, a cattle colony in Naukot, widening and reconditioning of the Naukot-Wango road and rehablitation of the Naukot-Mithi road. He also inaugurated a water supply scheme for Diplo via Khaplari.
Sindh Chief Secretary Shakeel Durrani briefed the president on the plan for the cadet college and said it would cover an area of 200 acres, adding that its boarding facilities would be run by the Pakistan Air Force. He said the project would provide education and career opportunities to students from Tharparkar, Umerkot and Badin.
He said that the cadet college would initially accommodate 300 students, and later 500 students. –Agencies
Re: Dysfunctional CJ Vs President
Tragic state of affairs.
Re: Dysfunctional CJ Vs President
Farid
Possibility is that if he does not, he would be overthrown, disgraced by another dictator, which is a common denominator for almost all the rulers of Paksitan since 1947.
That's so sad and pathetic.
Re: Dysfunctional CJ Vs President
The non-functional CJ who I respected till recently, has now once and for all proved that he is nothing but a tool of the opposition political parties. A Chief Justice is supposed to be above these sort of things, and be completely neutral - in fact that is his constitutional duty. He is not supposed to making overtly political statements in front of thousands of political party workers, and being garlanded by them like some anti-govt mascot. Ch. Iftikhar has proved by his actions he in no way a neutral judge, can never be again, and he has indeed not only divided the superior judiciary, but also compromised it's independence totally.
Re: Dysfunctional CJ Vs President
The non-functional CJ who I respected till recently, has now once and for all proved that he is nothing but a tool of the opposition political parties. A Chief Justice is supposed to be above these sort of things, and be completely neutral - in fact that is his constitutional duty. He is not supposed to making overtly political statements in front of thousands of political party workers, and being garlanded by them like some anti-govt mascot. Ch. Iftikhar has proved by his actions he in no way a neutral judge, can never be again, and he has indeed not only divided the superior judiciary, but also compromised it's independence totally.
Is the apppointed Army Chief supposed to?
Hypocrisy from Mush supporter's yet again
Re: Dysfunctional CJ Vs President
Is the apppointed Army Chief supposed to?
Hypocrisy from Mush supporter's yet again
and if Musshy is doing so, does that give CJ the reason to do the same? then on which ground he is going to fight his case?
Re: Dysfunctional CJ Vs President
and if Musshy is doing so, does that give CJ the reason to do the same? then on which ground he is going to fight his case?
It's not a political movement, it's the people of Pakistan and insaf pasand people versus those who believe in the lathi. The political parties are contributing but not leading this movement.
Re: Dysfunctional CJ Vs President
^ I doubt that those "flags" represent the ppl of Pakistan and btw Insaf is that COURT is proceeding the case and will give the verdict. Why dont "insaf pasand" ppl and chief justice wait for the verdict? Isnt this quite "amaizing" how insaf pasand ppl are "objecting" different top judges of Pakistan?
Re: Dysfunctional CJ Vs President
These are the people the non-functional CJ was addressing in Lahore.
[quote]
Activists of various political parties, including the PPP, the PML-N, the MMA, the PTI, the Khaksar Tehrik and the Muhajir Qaumi Movement-Haqiqi, carrying their party flags and portraits of their leaders, including Benazir Bhutto, Nawaz Sharif, Imran Khan and Qazi Hussain Ahmad, chanted anti-Musharraf slogans all the night.
[/quote]
Re: Dysfunctional CJ Vs President
well said :k:
Re: Dysfunctional CJ Vs President
^ I doubt that those "flags" represent the ppl of Pakistan and btw Insaf is that COURT is proceeding the case and will give the verdict. Why dont "insaf pasand" ppl and chief justice wait for the verdict? Isnt this quite "amaizing" how insaf pasand ppl are "objecting" different top judges of Pakistan?
Even better said.
Re: Dysfunctional CJ Vs President
At the end of this matter, whether Musharraf stays in power or not. CJ is going to end up forming his own political party and start running for elections. So much for a judge staying out of politics.