
Lawyers surround sacked Pakistani Chief Justice Iftikar Mohammad Chaudhry (centre) upon his arrival at the Supreme Court in Islamabad on Tuesday.— AFP photo
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The deposed Chief Justice of Supreme Court, Iftikhar Mohammad Chaudhry, Tuesday presented himself before the Supreme Judicial Council (SJC) to answer charges, amid high drama telecast live by private TV channels.
In the Army House, President Gen. Musharraf remained closeted with Prime Minister Shaukat Aziz, law adviser Sharifuddin Pirzada, security chiefs and top aides amid rumours that he may impose emergency in view of countrywide upheaval in protest against the removal of the Chief Justice. Information minister Mohammad Ali
Durran accused Justice Iftikhar of “staging a political drama and playing into the hands of politicians to stir trouble”. Law minister Wasi Zafar said “Iftikhar is no more entitled to pose as Chief Justice”. Both refuted reports that he was being kept in virtual detention and said Iftikhar was free to meet anyone.
Meanwhile, lawyers across the country boycotted courts and staged protest rallies in major towns, including Karachi, Lahore, Quetta, Peshawar and other towns. In Lahore, the Speaker of Provincial Assembly adjourned the House sine die amid rowdy scenes during which the opposition members denounced Iftikhar's removal and the police baton charge on lawyers on Monday in which over 42 lawyers were wounded.
Iftikhar’s nearly 3 km journey from his residence to the Supreme Court building began with a brief brawl with security guards outside his residence and took more than two hours to culminate amid unruly and emotional scenes.
The SJC session was to begin at 1.30 PST. Justice Iftikhar emerged from his residence before noon along with wife and some family members. He refused to sit in the police car and insisted he would walk down to the Supreme Court building.
The heavy security detail comprising police and a contingent of the Elite Force around his residence, according to the family members, tried to forcibly lift and put him in the vehicle. In the scuffle, his jacket was torn. Iftikhar braved all barriers and walked for about one kilometer but the police again cordoned him and took him to the nearby Balochistan House where former premier Zafrullah Jamali met him and called Supreme Court Bar Association chief Munir Malik to drive him to the court.
The entire area and approach roads to the court had been sealed by the police by erecting barriers in main roads leading to the court building. No vehicle was allowed on these roads. However, several thousand lawyers from Islamabad, Rawalpindi and other major towns across the country broke the barriers to greet the Chief Justice with thunderous slogans. He waved at them and made victory sign.
Senior political leaders, including Leader of the Opposition Maulana Fazlur Rehman, MMA chief Qazi Hussain Ahmed, Imran Khan, Raja Zafrul Haq, Nisar Ali Khan, Khawaja Saad Raafiq, were also present at the Supreme court to receive the Chief Justice.
Meanwhile, the Supreme Judicial Council (SJC) adjourned till March 16 hearing in the presidential reference against deposed Chief Justice after a brief session during which Justice Iftikhar questioned the competence of the council and the legality of its composition to impeach him.
In a four-page written note to the council, Justice Iftikhar contested the authority of the President and the Supreme Judicial Council to restrain him from functioning as Chief Justice and hold impeachment proceedings through a hastily constituted council. He maintained that neither the President nor the present council had any authority to restrain him from functioning as Chief Justice.
A panel of four lawyers led by eminent jurist Chaudhry Aitzaz Ahsan appeared before the court and submitted that the council, as constituted at present, is not competent to hear any reference against the Chief Justice. They also objected to in-camera proceedings and demanded that these be opened to the Press to let the people know about the whole truth.
Chaudhry Aitzaz Ahsan later told mediapersons that Justice Iftikhar or his counsels have not been provided a copy of full reference so far. Instead only a document containing partial reference and a few annexures have been supplied. He refused to give details saying he was constrained by the in-camera nature of the proceedings to give any details about the charges or what transpired during the brief hearing. He hoped the nation would be allowed to know all details.
He said on Friday the council would decide on the objection to its competence and present composition.
Aitzaz said once the reference is presented before a duly constituted council, the entire case is bound to take a long time. The only reference that was contested in 1971 took about nine months to conclude, he added.
Iftikhar briefly talked to the media saying he would not resign because he had done nothing wrong.
After emerging from the court, a beaming Chief Justice waved and made a V sign from his car. To questions from media he simply said,”Pray for me to come out unscathed from the present situation because I have not done anything wrong.” In a written note released to the Press, Justice Iftikhar began with maltreatment meted out to him since the fateful day of March 9 when he was called to the Army House and made to wait for a couple of hours before being ushered into the office of President Musharraf who was attired in full military gear. By that time Justice Javed Iqbal was installed as Acting Chief Justice who presided over a hurriedly called meeting of the Supreme Judicial Council for which chiefs of Punjab and Sindh high courts were flown in special planes. He said during the past four days he had been confined to his house, his telephones and TV connections had been disabled, vehicles withdrawn and heavy security police and Elite Force was deployed around his residence shutting him off from the outside world. His children were not being allowed to attend school.
Iftikhar said Justice Iqbal was not competent to become Acting Chief Justice. There was no urgency in calling a session of the Supreme Judicial Council. If at all, the second senior-most judge, Justice Bhagwandas should have presided the council but he would still continue to operate as Chief Justice till the conclusion of inquiry by the council.
He named three of the five members of the council saying they were involved in serious charges of corruption and misconduct. They include Justice Hameed Dogar, Justice Sabihddin, Chief Justice Sindh High Court and Justice Iftikhar Hussain, Chief Justice of Punjab High Court.
He said Punjab’s Chief Justice Iftikhar Hussain nursed a personal grudge against him and was not even on speaking terms. There are several complaints, including a regular petition of corruption and mis-conduct, against him in the council. The present action to sack him was designed to pre-empt action against the Punjab Chief Justice, he alleged.