Iftikhar Muhammad Chaudhry

Iftikhar Muhammad Chaudhry افتخار محمّد چودھری
CJ Iftikhar Muhammad in the Supreme Court[1]
Chief Justice of Pakistan
In office 22 March 2009 – 11 December 2013
Appointed by	Asif Ali Zardari
Preceded by	Abdul Hameed Dogar (Acting)
Succeeded by	Tassaduq Hussain Jillani
In office 20 July 2007 – 3 November 2007
Appointed by	Pervez Musharraf
Preceded by	Rana Bhagwandas (Acting)
Succeeded by	Abdul Hameed Dogar (Acting)
In office 30 June 2005 – 9 March 2007
Appointed by	Pervez Musharraf
Preceded by	Nazim Hussain Siddiqui
Succeeded by	Javaid Iqbal (Acting)
Chief Justice of the Balochistan High Court
In office 22 April 1999 – 3 February 2000
Appointed by	Miangul Aurangzeb
Preceded by	Amir-ul-Mulk Mengal
Succeeded by	Javaid Iqbal
Personal details
Born	(1948-12-12) 12 December 1948 Quetta, Pakistan
Spouse(s)	Faiqa Iftikhar
Children	5
Alma mater	Sindh Law University University of Sindh

Iftikhar Muhammad Chaudhry (Urdu: اِفتِخارمُحَمّد چودهرى‎) (born 12 December 1948) was the 18th Chief Justice of Pakistan. Hailing from Quetta, Balochistan Province of Pakistan, Chaudhry started practice as an advocate at Sindh High Court in 1976. He was elected as President Balochistan Bar Association, Quetta in the year of 1986 and was elected twice as Member Bar Council. He was appointed Advocate General Balochistan in the year 1989. He also discharged duties as Banking Judge Special Court for Speedy Trials, Judge Customs Appellate Court as well as Company Judge. He was appointed as Chairman Balochistan Local Council Election Authority in the year 1992 and thereafter for second term in the year 1998. He ascended as a senior advocate at Supreme Court before taking a government law assignment in Quetta. In 1990, he was appointed as an additional judge at the Balochistan High Court. He was appointed as Chairman Provincial Review Board for the Province of Balochistan on the recommendations of Hon’ble Chief Justice of Pakistan. He also was appointed twice as Chairman of Pakistan Red Crescent Society Balochistan by Government of Balochistan. Later in 1999 he was nominated as Chief justice of Balochistan High Court by the President Rafiq Tarar. The same year, he controversially took oath under Chief of Army Staff General Pervez Musharraf, validating the LFO ordnance No. 2002, and ascended to the Supreme Court in 2002. On 30 June 2005, President Musharraf appointed Chaudhry as Chief Justice of the Supreme Court of Pakistan. In 2007 Musharraf asked Chaudhry to resign, which he refused, therefore leading to his suspension on 3 November 2007. He was restored on 22 March 2009, along with several other judges.^[2]

His notable rulings including the suo motu notice of controversial privatization of the Pakistan Steel Mills, leading the case of missing persons in Balochistan, arguing and issuing orders against the New Murree project regarding as environmental catastrophe, ruling the National Reconciliation Ordinance (NRO) as unconstitutional and irrelevant. Recently, after proceeding the notice of contempt against the Prime minister Yousaf Raza Gillani who forcefully refusing to direct a letter to Swiss authorities over President's hidden assets in Swiss Banks, Chaudry retroactively discharged and ousted Gillani and his government on April 26, 2012. Mr. Justice Retired on 13 December 2013^[3] As Chief Justice^[4]

Early life and family

Iftikhar Muhammad Chaudhry was born on 12 December 1948 in Quetta,^[5] Baluchistan Province, Pakistan. He belongs to an undogmatic family of Rajput origin^[6] which is originally from Faisalabad. His father, Chaudhry Jan Muhammad,was a police constable,^[7] before the independence in 1947 Chaudhry Jan Muhammad was posted from Jalandhar, India to Quetta, Baluchistan after that he spent all the rest of his life in Quetta, Baluchistan. Chaudhry lived in Quetta^[8] before moving to Islamabad, when he was elevated judge of Supreme Court of Pakistan in the year 2000. Chaudhry has three brothers who are settled abroad and he is second eldest child of his parents.^[9]

Iftikhar Muhammad Chaudhry is married to Faiqa Iftikhar and has five children. His two sons are Arsalan Iftikhar Chaudhry and Ahmed Balach Iftikhar. He has three daughters namely Ayesha Iftikhar, Ifrah Iftikhar and Palwasha Iftikhar.^[10]

Rana Sanaullah Khan is cousin of former Chief Justice of Pakistan Iftikhar Muhammad Chaudhry.^[11]

Career in law

Chaudhry has a Bachelors in Arts and Bachelors in Law (LLB) from University of Sindh, Jamshoro.^[12] 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.^[12] In 1989 he was appointed Advocate General, Balochistan by Akbar Bugti the then Chief Minister of Balochistan.^[12][13] He was elevated as Additional Judge, Balochistan High Court on 6 November 1990 until 21 April 1999.^[12] On 22 April 1999 he became Chief Justice of Balochistan High Court. Besides remaining as Judge of High Court, he discharged duties as Banking Judge, Judge Special Court for Speedy Trials, Judge Customs Appellate Courts as well as Company Judge. Chaudhry also remained President of High Court Bar Association, Quetta, and was elected twice as Member of the Bar Council. In 1992 he was appointed as Chairman of Balochistan Local Council Election Authority and thereafter for second term in 1998. He also worked as Chairman, Provincial Review Board for the province of Balochistan and was twice appointed as Chairman of the Pakistan Red Crescent Society, Balochistan.^[12]

On 4 February 2000 he was nominated Justice of Supreme Court of Pakistan. He is said to be the youngest Chief Justice of Pakistan, who will be serving the longest period that any other chief justice has ever served in the history of Pakistan's judiciary. On 30 June 2005 he became the Chief Justice of Pakistan.^[12][14] At present, Justice Iftikhar is also functioning as Chairman, Enrollment Committee of Pakistan Bar Council and as Chairman, Supreme Court Building Committee.^[12][15][16]

Oath taking under PCO 1999

After the proclamation of PCO, on 26 January 2000 an order Oath of Office (Judges) Order, 2000 was issued that required that judiciary take oath of office under PCO. Four judges, including Chief Justice Saeeduzzaman Siddiqui, refused to take an oath under the PCO, and therefore no longer remained part of the PCO Supreme Court. To fill the positions in the PCO Supreme Court Musharraf appointed other judges, including Chaudhry, to the PCO Supreme Court. Musharraf's extra-constitutional acts were legitimized by this PCO Supreme Court, and the Parliament elected under Musharraf legitimized everything including the PCO Supreme Court by the Legal Framework Order, 2002.

Suspension and Reinstatement, 2007

On 9 March 2007, Chaudhry was suspended by Pakistani President Pervez Musharraf. Chaudhry was summoned to Army House and was asked to resign in the presence of five Army Generals, including heads of intelligence services. Chaudhry refused to resign so Musharraf decided to file a Presidential reference against Chaudhry for misconduct. Upon Chaudhry's refusal to resign, Musharraf forwarded the case to Supreme Judicial Council (SJC) as per procedure in constitution of Pakistan.

It was the first time in the 60-year history of the Pakistani Supreme Court that a Chief Justice was suspended. The suspension was made on the grounds of complaints against Chief Justice Chaudhry for violating the norms of judicial propriety, corruption, seeking favours and misbehaving with senior lawyers. He was also accused of interfering in the working of the executive branch. On the other hand Chaudhry too decided in the first time of history of Pakistan to challenge Musharraf and his reference in the Supreme Court of Pakistan. Musharraf could not swallow this as he had plans to get rid of Chaudhry by sending the reference to SJC. He did not want Chaudhry to remain Chief Justice as he was an independent judge and had blatantly refused to facilitate Musharraf in his plans to get another five-year mandate through Supreme Court as his predecessors had done. Chaudhry on sensing that the judges of SJC were doing what was dictated to them by Musharraf refused to have his case heard in SJC and hence decided to challenge these dubious allegations in Supreme Court of Pakistan. Chaudhry's petition was taken up by thirteen member bench of supreme court, headed by Justice Khalil-ur-Rehman Ramday. Chaudhry was represented by five top lawyers of Pakistan, known as, Aitzaz Ahsan, Hamid Khan (lawyer), Munir A. Malik, Ali Ahmad Kurd and Tariq Mehmood. This panel of lawyers of Chaudhry was also termed a 'Dream Team', who fought valiantly for Chaudhry, inside and outside the court.

After his suspension, there was unrest in the country with regard to the validity of the allegations against Chaudhry, as well as doubt as to whether Musharraf technically had the power to suspend the Chief Justice under the circumstances. There was great outpour of public on roads to greet Chaudhry when he would travel to address Bar Associations. On 4 May 2007, as he headed towards Lahore from capital Islamabad, millions lined 250 km-long-highway all the way to catch a glimpse of Chaudhry. An otherwise four-hour journey took 24 hours. On 5 May 2007, Chaudhry with his counsel and politician friend Atizaz Ahsan reached the Lahore Bar Association in morning a dinner the association was holding in his honour.^[17]

On 20 July 2007, Chaudhry was reinstated to his position as Chief Justice in a ruling by the thirteen-member bench of Pakistans' Supreme Court headed by Justice Khalil-ur-Rehman Ramday. His counsel of five lawyers represented him against 16 senior lawyers representing the Federation. The ruling combined 25 constitutional petitions filed by various parties, but referred most of the issues raised by the 24 petitions not filed by Chaudhry himself to lower courts for extended adjudication. All thirteen of the sitting justices agreed that Musharraf's action had been illegal, and ten of the thirteen ordered Chaudhry was to be reinstated and that he "shall be deemed to be holding the said office and shall always be deemed to have been so holding the same."

2007 State of Emergency

On Saturday, 3 November 2007, General Pervez Musharraf, who was the President and Chief of Army Staff of Pakistan at the time, declared a state of emergency and suspended the nation's constitution and parliament at the same time. He locked all the judges up in order to take revenge on them for giving a judgement in Chaudhry's favour. The declaration accused the judges of violating article 209 of the Constitution of 1973.^[18] In addition, Musharraf put not only Chaudhry and all the judges under house arrest but also Chaudhry's young children. Chaudhrys' youngest son, Balach, required physiotherapy that too was not provided. His daughter had to take her A'Level exam at home, held under the supervision of British Council Pakistan.

On 15 November Geo News reported that Chaudhry had ordered the Islamabad Inspector General of Police to take action against his and his family’s house arrest and their possible relocation to Quetta. According to the channel, Chaudhry held the interior secretary, the commissioner, the deputy commissioner and the assistant commissioner responsible for his house arrest. He said he was still the Chief Justice of Pakistan and the official residence was his by right.^[19]

Reinstatement, 2008–09

Just after general elections in February, on 24 March 2008, on his first day of premiership the Pakistani PM Yousaf Raza Gillani ordered Chaudhry's release from house arrest.^[20][21]

In October 2008, Chaudhry visited the Supreme Court building.

The Lawyers' Movement announced a "long march" for the restoration of the judges, especially Chief Justice Iftikhar from 12 to 16 March 2009. The government of Pakistan refused to reinstate the judges and declared section 144 in effect in three of the four provinces of Pakistan thereby forbidding any form of gatherings of the "long march". Arrangements were made to block all roads and other means of transport to prevent the lawyers from reaching the federal capital, Islamabad. Workers of the main political parties in opposition and the lawyers movement as well as other known persons from the civil society were arrested. Despite these efforts, the movement continued under the leadership of Mian Muhammad Nawaz Sharif^[22][23] and was able to break through the blockade in Lahore en route to Islamabad in the night between 15 and 16 March 2009. A few hours later, on the morning of 16 March 2009, the prime minister of Pakistan restored Iftikhar Muhammad Chaudhry as chief justice of Pakistan through an executive order,^[24] after which the opposition agreed to stop the "long march".

Rulings considered Important

Pre 2007–08 judgements

Pakistan Steel Mills privatization

Chaudhry surprised the whole country when he suspended privatisation of Pakistan Steel Mills (PSM) on the plea of the PSM workers’ union. It did not merely embarrass the government but jeopardised the whole privatisation process. Chaudhry, who was heading the bench, observed that the main objectives of the privatisation policy were poverty alleviation and debt retirement, but these were not given due weightage in the mills’ privatisation deal. He objected to the fact that the Cabinet Committee on Privatisation took the Privatisation Board’s recommended price of Rs 17.20 per share for granted and consequently, shares were sold at the low rate of Rs 16.81.

Other Important Cases

Some very important cases were heard in the supreme court in the 2007. Decisions have already been taken in some:

• The ‘New Murre’ housing project was an environmental catastrophe. Despite protests by the civil society and environmental groups, the military government refused to budge since many top politicians and some generals had a stake in this real-estate venture. Chaudhry ordered to shelve this project. He started earning respect for his ‘judicial activism’. He took suo motto actions on human rights, women rights cases besides offering relief to trade unions in some cases.

• Another sensitive issue was disappeared activists from Baluchistan province. A civil war has caught hold of Baluchistan since 1999. Hundreds of nationalist activists, including journalists and poets, have disappeared. When Human Rights Commission of Pakistan moved the Supreme Court against these disappearances, Chaudhry accepted the plea. The military regime was trying to hush up grave human rights violations (shootings, torture, and kidnappings) in Baluchistan.
• Missing People Case is of Unique and Historical. Mr. Justice Hear This Case on Daily, Weekly and Monthly Basis, Remarks & Point Out many week aspects of Human Right and Law & Order Authorities^[25][26]
• Karachi Law and Order Case^[27]
• NICL Scame^[28] Where Recovery of Billions of Rupees & CJ Criticize Federal Investigation Agency & National Accountability Bureau Performance^[29]
• Hajj Corruption Case^[30] Enlist Numerous of Culprits^[31][32]
• power Rental Case SC Take action^[33] against Raja Pervaiz Ashraf & Directed National Accountability Bureau to Recover Billions of Rupees^[34][35]
• National Reconciliation Ordinance (NRO) Declared Unconstitutional^[36] by SC Headed 17 Judges^[37]

Controversies

Dismissal of petition challenging Legal Framework Order (LFO) 2002

Just prior to the holding of the October 2002 General Elections a five-member bench of the Supreme Court of Pakistan, that Chaudhry was a member of, dismissed a petition which challenged the promulgation of the Legal Framework Order(LFO)2002 by President Musharraf. Under the LFO Musharraf announced amendments to the constitution which restored executive powers to the President, including the right to dismiss the National Assembly, appoint Governors and Service Chiefs and created a National Security Council (NSC).^[38] The main controversy started in 2009 after restoration of all Judges, the Oath taking of Judges on PCO in past was then declared crime by the same Judges who has taken oath on PCO in the past.

Judgement on 17th Amendment and President's Uniform Case 2005

On 13 April 2005, in the "Judgment on 17th Amendment and President's Uniform Case", Chaudhry was one of five Supreme Court judges who dismissed all petitions challenging President Musharraf's consistitutional amendments. In a wide ranging judgement they declared that the Legal Framework Order (LFO) instituted by General Musharraf after his suspension of the constitution, the 17th amendment which gave this constitutional backing, and the two offices bill which allowed Musharraf to retain his military uniform whilst being President were all legal because the Parliament had approved the amendments.^[39]

Supreme Court justices

On 30 July 2009, a 14-member bench of the Supreme Court of Pakistan ruled that all the judges who had taken an oath under the Provisional Constitution Order (PCO), were removed from office and are now facing the Supreme Judicial Council. Two days later an ordinance signed by President Asif Ali Zardari officially removed all PCO judges from office.^[40]

Awards and honors

In the wake of the imposition of emergency rule in Pakistan, on 14 November 2007, the Harvard Law School^[41] decided to award its highest honour, the Medal of Freedom, to Justice Chaudhry, following the military crackdown the previous week. He becomes the first Pakistani to be presented with such honour and a third person in world to receive this award other than Nelson Mandela and Oliver Hill.

Chief Justice Chaudhry formally received the Harvard Law School Medal of Freedom during his visit to the United States in November, 2008.^[42] International Jurist Award 2012^[43]

The National Law Journal picked Chaudhry as the lawyer of the year for 2007.

The Association of the Bar of the City of New York granted Chaudhry an honorary membership in the association on 17 November 2008, recognizing him as a "symbol of the movement for judicial and lawyer independence in Pakistan." In 2012 Chaudhry was named among the 100 most influential people in the world by Time Magazine.^[45][46][47]

On May 29, 2012, Chaudhry and Indian Samajwadi Party chief Mulayam Singh Yadav were awarded the prestigious International Jurists Award 2012.^[48]

Chaudhry received the award from Lord Phillips, President of the Supreme Court of the UK, for his "unique and tremendous contribution in the field of administration of justice and for the tireless and fearless endeavours towards administration of justice in Pakistan against all odds."^[49] Mr Justice enlist in The World's 100 Most Influential People 2012^[50]

International Visits

He attended 22nd Biennial Congress on the Law of the World, held in Beijing & Shanghai, China in September, 2005. He participated in the International Conference and Showcase on Judicial Reforms held in Philippines in November, 2005. He also visited United Kingdom in February, 2006 inParticipated in International Conference and Showcase on Judicial Reforms held in Philippines in November, 2005. Visited United Kingdom in February, 2006 in connection with The UK-Pakistan Judicial Protocol on Children Matter.connection with the UK-Pakistan Judicial Protocol on Children.^{[51] [52]}

Special Human Rights Cell

Iftikhar Muhammad Chaudhry worked hard while pursuing his efforts to clear the backlog of cases. He also assumed the additional responsibility of the Human Rights cases under his suo moto jurisdiction. He established a separate Human Rights cell at the Supreme Court that received thousands of Human Rights complaints from poor victims across the country.

Election Reforms

SC Headed by Mr. Ifitikhar took many steps to make Election Commission of Pakistan more Transparent & Valuable e.g. Nomination Forms,^[53] Appintment of Chief Election Commissioner & Election Expenses^[54]

The Supreme Court observed that the Election Commission of Pakistan (ECP), having the support of 180 million people of the country, is authorised to hold free and fair elections and stop the corrupt people from getting elected in the forthcoming general elections^[55]

Corruption charges

Malik Riaz Hussain, a real estate investor who founded and owns Bahria Town, was approached by an intermediary of Arsalan Iftikhar Chaudhry, son of Chief Justice Iftikhar Muhammad Chaudhry, that he had inside information and a case and it can be resolved in his favour. Malik Riaz Hussain in an official deposition produced itemised list of how he bankrolled a playboy lifestyle for the son of the country's top judge. Arsalan Iftikhar Chaudhry had allegedly promised to influence his father's rulings.^[56][57]

Justice Retired Kayani rebuts allegations from Afzal Khan regarding rigging in general elections 2013. He further added that Afzal Khan levelled false allegations because he was not given service extension^[58]

Retirement

Iftikhar Muhammad Chaudhry Retired on 13 December 2013 as Chief Justice^[59] Justice Jilani to succeed Justice Chaudhry as CJP

^[60] Last speech He Focus on Human Rights & Current SC Position Regarding Cases. He clarify that Now SC & Law & Order is more effective^[61]

See also

• Mediagate (Pakistan)

References

External links

• CJP Profile on SCP Official Website at the Wayback Machine (archived October 22, 2007)

Legal offices
Preceded by Amir-ul-Mulk Mengal	Chief Justice of the Balochistan High Court 1999–2000	Succeeded by Javaid Iqbal
Preceded by Nazim Hussain Siddiqui	Chief Justice of Pakistan 2005–2007	Succeeded by Javaid Iqbal Acting
Preceded by Rana Bhagwandas Acting	Chief Justice of Pakistan 2007	Succeeded by Abdul Hameed Dogar Acting
Preceded by Abdul Hameed Dogar Acting	Chief Justice of Pakistan 2009–2013	Succeeded by Tassaduq Hussain Jillani

Chief Justices of Pakistan Rashid Munir Shahabuddin Cornelius Rahman Akbar Hamood Yaqub Haq Haleem Zullah N. Shah Jan S. Shah Mian S. Siddiqui Khan Jehangiri Ahmad N. Siddiqui Chaudhry Iqbal Bhagwandas Dogar (de facto; appointment annulled) Chaudhry Jillani Mulk Italics indicate acting officeholders

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