Iftikhar Muhammad Chaudhry

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Iftikhar Muhammad Chaudhry
Iftikhar Muhammad Chaudhry
In office
30 June 2005 – 9 March 2007
Preceded by Nazim Hussain Siddiqui
Succeeded by [Legally still CJP. Currently Non-Functional. Acting CJ Javed Iqbal
Born 12 December 1948
Quetta, Pakistan Flag of Pakistan
This article documents a current event.
Information may change rapidly as the event progresses.

Chief Justice Iftikhar Muhammad Chaudhry (Urdu: افتخار محمد چودھری‎) (born 12 December 1948) is the Chief Justice of the Supreme Court of Pakistan from 2005 to 2007. On 9 March 2007 he was potentially unconstitutionally suspended by General Pervez Musharraf on charges of misconduct.[1] He is currently under effective house arrest.[2] The suspension of Chaudhry marks the first time in the history of Pakistan that a Supreme Court chief justice is suspended on charges of misuse of power. The court under Chief Justice Chaudhry made rulings against government level corruption which included the Pakistan Steel Mills case. The legality of the dismissal is an ongoing legal debate.

Contents

[edit] Career in Law

[3] Chaudhry Iftikhar has a Bachelors in Arts and Bachelors in Law (LLB). He joined the bar in 1974. Later, he was enrolled as Advocate of the High Court in 1976 and as an Advocate of the Supreme Court in 1985. In 1989 he was appointed as Advocate General, Balochistan, and later got elevated as Additional Judge, Balochistan High Court in 6 November 1990 until 21 April 1999. Besides remaining as Judge High Court, he discharged duties as Banking Judge, Judge Special Court for Speedy Trials, Judge Customs Appellate Courts as well as Company Judge. Justice Iftikhar Muhammad Chaudhry also remained President of High Court Bar Association, Quetta, and was elected twice as Member, Bar Council. Later, he was appointed as Chairman, Balochistan Local Council Election Authority in 1992 and thereafter for second term in 1998. He also worked as Chairman, Provincial Review Board for the province of Balochistan. He was twice appointed as Chairman, Pakistan Red Crescent Society, Balochistan. At present, Justice Iftikhar is also functioning as Chairman, Enrollment Committee of Pakistan Bar Council and as Chairman, Supreme Court Building Committee. He was appointed as Chief Justice High Court of Balochistan on 22 April 1999. For his services and seniority he was elevated to the Supreme Court on 4 February 2000.

He was appointed as Chief Justice of Pakistan on 30 June 2005 by President General Pervez Musharraf. Justice Iftikhar Muhammad Chaudhry is the senior-most judge among the sitting judges of the apex court after the outgoing Chief Justice Nazim Hussain Siddiqui. Justice Iftikhar Muhammad Chaudhry assumed the office of Chief Justice on 30 June 2005.

[edit] Important rulings

[edit] Pakistan Steel Mills Privatization

Main article: Pakistan Steel Mills

[edit] Hasba Bill case

Main article: Hasba bill

The Hasba bill also proposed powers for the police to ensure observance of Islamic practices and values while curbing palm reading and other superstitious customs deemed un-Islamic by the legislators.

General Pervez Musharraf petitioned the top court for an opinion after the Hasba bill was passed through North West Frontier Province's assembly.

"The governor of the province of NWFP may not assent to the Hasba bill in its present form," Chief Justice Iftikhar Muhammad Chaudhry, head of a panel of nine judges, told the court before listing several clauses in the bill deemed unconstitutional.

[edit] Missing People

Many people in Pakistan had "disappeared", allegedly kidnapped by the ISI and a Supreme Court bench under the Chief Justice Iftikhar Muhammad Chaudhry had directed the government to trace the missing people. Initially the government denied any knowledge of the whereabouts of such people. Some of these people were later, on the insistance and rebuke of the SC, found in Army detention centers.,[4]Wide Publicity of this event in national and international press was a great embarrassment to the government and is believed to be a major reason for the assault on the Judiciary by Musharraf's government.

[edit] Cases for 2007

It is thought that some very important cases were to be heard in the supreme court in the coming months:

  • The case inquiring the dual nationality of the Prime Minister Shaukat Aziz and his eligibility to be Prime Minister.
  • The case on whether or not the President Pervez Musharraf could run the election for the next Presidency term.
  • The Uniform Issue of President Pervez Musharraf.
  • Inquest into the validity of the degrees issued by madrassas.

[edit] Suspension 2007

President of Pakistan, General Pervez Musharraf on March 9, 2007 virtually suspended the Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry, and appointed the next most senior judge available, Justice Javaid Iqbal, as the acting Chief Justice of the Supreme Court. Later it was explained that the senior-most judge after the Chief Justice was Justice Rana Bhagwandas, but since he was away from the country, Justice Javed Iqbal being the second in line was made the acting head of the apex court until Justice Bhagwandas would return.

The move to make Justice Iftikhar Chaudhry ‘non functional’ was immediately followed by yet another decision by the president to send a reference under Article 209 of the Constitution of Pakistan to the Supreme Judicial Council (SJC) to investigate allegations of misconduct against him.

Justice Chaudhry was summoned by the President General Pervez Musharraf at his Army residence in Rawalpindi on Friday, 9 March 2007 and asked to explain his position on a list of charges brought against him from several quarters.[5] He was then asked to resign, something which Justice Chaudhry refused to do and was hence forth detained for about five hours while arrangements were made elsewhere in Islamabad for speedy appointment of the Acting-Chief Justice. According to further reports he was only allowed to leave when the Acting-Chief Justice had taken oath of office and proceedings of the Supreme Judicial Council had begun. According to legal analysts, the procedure adopted by the President is not only unjust and inappropriate but also unconstitutional and therefore illegal.

The president’s orders came in the afternoon, and within minutes took the country by storm. Many in the legal fraternity were shocked by the way the country’s top adjudicator had been treated. Chief Justice Iftikhar Chaudhry's reaction was not known as since his "suspension" or being made "non-functional" he had remained incommunicado. After his meeting with President Musharraf, he remained inside the presidential office for a few hours, and was later prevented from going to the Supreme Court by the security officials.

Soon after the oath taking ceremony, the SJC went into a session and decided to call on Chief Justice Iftikhar Muhammad Chaudhry on 13 March to answer the allegations of misconduct levelled against him. Presided over by Acting Chief Justice Javed Iqbal, the SJC also ordered the Chief Justice not to perform functions as judge of the Supreme Court or as the Chief Justice until the reference was decided on by the council.

The SJC meeting was also attended by apex court judges namely Justice Abdul Hameed Dogar and Justice Sardar Muhammad Raza Khan, Chief Justice of Lahore High Court Iftikhar Hussain Chaudhry and Chief Justice Sindh High Court Sabihuddin Ahmad, who had flown into Islamabad earlier in the day.

According to the Advocate General of Sindh, Justice Chaudhry is still the Chief Justice of Pakistan, and should be allowed to exercise all due privileges. However, the flags of the Islamic Republic of Pakistan and the Supreme Court have been removed from his home and his name and references were initially removed from the website of the Supreme Court of Pakistan; but were restored 24 hours later. The reason presented by the Officials of Supreme Court for the removal of the information from the website was that it happened due to some technical errors. It is worth noting that, according to BBC Urdu and The News (Pakistani newspaper), the supreme judicial council is going to look into the inquiry against Justice Chaudhry. Out of the three Judges of the council there are corruption cases already pending against two judges (one for financial corruption and the other for a case related to fraud in land) and the third Judge allegedely had his daughter admitted to a medical college on the recommendations of the Chief Minister of a province of Pakistan.[6]

Two secret agents try to force the chief justice to sit in the car. One agent grasps the Chief Justice by the hair.
Two secret agents try to force the chief justice to sit in the car. One agent grasps the Chief Justice by the hair.

On 12 March 2007, lawyers across Pakistan began boycotting all court procedures in protest against the suspension. In the capital Islamabad, and in other cities such as Lahore, Karachi and Quetta, hundreds of lawyers dressed in black suits attended rallies, condemning the suspension as unconstitutional. More than twenty lawyers were injured in clashes with police during the demonstrations in Lahore.[7]. One of the protest slogans by the lawyers being broadcasted by BBC Urdu and Geo TV was "Musharraf Kutta Haey Haey" (The same slogan that was being used against one of the previous dictators)

[edit] SJC Hearings

[edit] 13 March 2007

On 13 March 2007, Justice Chaudhry appeared before a closed hearing with the SJC. The hearing lasted for two hours and was adjourned until Friday 16 March. Justice Chaudhry issued a four-page press release denouncing the moves against him,[8] saying that neither President Musharraf nor the SJC had the authority to prevent him from working. He also reported that his telephones at home had been disconnected and vehicles confiscated.[9]

[edit] 16 March 2007

CJP Justice Iftikhar requested that because his lawyers were not allowed to meet him by the government, the hearing should be adjourned till 26 March 2007. SJC did not entertain it and the next date of hearing was announced in a press release to be 21 March 2007

[edit] 21 March 2007

On 20 March 2007,[10]SJC issued a press release citing that Next hearing of reference, which was scheduled on 21 March 2007 is postponed till 3 April 2007 9:30 AM PST. the press release does not cite any reason for it.

[edit] 3 April 2007

The Supreme Judicial Council Tuesday adjourned hearing of presidential reference against non-functional chief justice Iftikhar Muhammad Chaudhry till April 13. Barrister Aitzaz Ahsan, leading lawyer assisting the non-functional Chief Justice in the reference, gave his arguments for open trial in the SJC proceedings, which were continued for an hour. He argued against in-camera hearing of the reference. Barrister Wasim Sajjad appeared before the SJC on behalf of the government. Attorney General Makhdoom Ali Khan and former minister of law Khalid Ranjha gave arguments as government counsels.(Incorrect. Attorney General on court notice not government counsel in this case) The lawyers and opposition parties’ leaders and activists gathered in large number outside the Supreme Court building during hearing of the reference. Earlier, Justice Iftikhar Muhammad Chaudhry reached Supreme Court along with his lawyers Barrister Aitzaz Ahsan, Hamid Ali Khan and Justice (Rtd) Tarique Mehmood to appear in the Supreme Judicial Council hearing of presidential reference against him. Barrister Aitzaz Ahsan, leading lawyer assisting the non-functional Chief Justice in the reference, talking to newsmen said that he would raise various objections before the SJC in today’s hearing. He said that he will argue for open trial of Justice Iftikhar Chaudhry in the hearing, as people should know the truth of charges against the non-functional chief justice. Aitzaz Ahsan said that he will also discuss the constitutional status of the Supreme Judicial Council and will argue over whether appointment of the Acting Chief Justice is constitutional or not. Large number of lawyers, political leaders and activists of opposition parties were present before the Supreme Court building when Justice Iftikhar reached the court for hearing of the presidential reference. They were chanting slogans against the government. The SJC proceedings began 45 minutes late than the scheduled time. Barrister Aitzaz Ahsan presented his arguments before the council. He argued before the SJC that the non-functional chief justice wants open trial of the reference and called for the open trial as the nation come to know the truth of the charges against Justice Iftikhar Chaudhry. Meanwhile, Federal Minister for Information Muhammad Ali Durrani talking with Geo News has said that the government has not interfered anywhere and given chance to all sides to express their opinions. He said the lawyers have taken a wise decision by distancing them from the political parties. It would be now more convenient for the government to hold talks with lawyers associations and hear their point of view, he further said. He said that some lawyers are in contact with the government. He also confessed that the lawyers’ bodies are much organized on the chief justice issue.

[edit] Charges Cited in Reference

Full text of reference against CJP Justice Chaudhry were leaked to Press on 19 March 2007.[11] According to BBC, main charges against CJP Justice Chaudhry are as following.

  • CJP forced government officials to unlawfully help his son get admission to medical college and then had him appointed as Grade 18 Police Officer.
  • CJP was entitled to use a 1700cc car, but he used a 3000cc Mercedes and kept several other vehicles in his use in Lahore, Islamabad and Karachi.
  • CJP required more protocol than he deserved. He required senior officials to receive him at airports and was also using helicopters and planes to go to private functions.
  • Use of a BMW Car "RAZIA 1" by his family
  • Different Oral and Written Orders in cases worth 55 million PKR
  • Asking for more perks than he was eligible for.

This list is translated from BBC Urdu's website. Actual reference will be pasted here when available.

[edit] Constitutional References to Suspension

Iftikhar Muhammad Chaudhry was made a "non functional Chief Justice" envoking the following two main clauses of the Constitution of Pakistan:

[edit] Article 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] [the most senior of the other Judges of the Supreme Court] to act as Chief Justice of Pakistan. [1]

[edit] Article 209

Supreme Judicial Council. (1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.

(2) The Council shall consist of, (a) the Chief Justice of Pakistan; (b) the two next most senior Judges of the Supreme Court; and (c) the two most senior Chief Justices of High Courts. Explanation:- For the purpose of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice [231] [otherwise than as acting Chief Justice], and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.

(3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then (a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and (b) if such member is the Chief Justice of a High Court; the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place.

(4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority.

(5) If, on information [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] [, 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.

(7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article.

(8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts. [2]

However, its still unclear whether a Judge of the Apex Court of the Country can be made "non-functional" in view of Article 180 and Article 209 of the Constitution of Pakistan

[edit] References

  1. ^ . Iftikhar A. Khan Dawn news article retrived on March 13, 2007
  2. ^ Iftikhar A. Khan Dawn news article retrived on March 13, 2007
  3. ^ SCP Website
  4. ^ Daily Times Article on Missing People Case
  5. ^ Judge row prompts Pakistan democracy questions , BBC, Monday, 12 March 2007, 17:47 GMT.
  6. ^ BBC-Urdu
  7. ^ Lawyers protest against Musharraf, BBC, Monday, 12 March 2007, 11:40 GMT
  8. ^ Full text of CJP's statement before SJC, The Nation, Pakistan
  9. ^ Pakistan panel quizzes top judge, BBC, Tuesday, 13 March 2007, 13:26 GMT.
  10. ^ Press Release by SJC to Postpone Hearing till 3rd April 2007
  11. ^ BBC publised these charges on its URDU website

[edit] See also

[edit] External links

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Preceded by
Nazim Hussain Siddiqui		 Chief Justices of Pakistan Succeeded by
Javed Iqbal (Judge)
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