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Pakistan President sacks chief justice

The scribes and Pharisees brought a woman who had been caught in adultery, and placing her in the midst they said to him, ‘Teacher, this woman has been caught in the act of adultery. Now in the law Moses commanded us to stone such. What do you say about her?’...And as they continued to ask him, he stood up and said to them, ‘Let him who is without sin among you be the first to throw a stone at her.’...But when they heard it, they went away, one by one, beginning with the eldest, and Jesus was left alone with the woman standing before him. Jesus looked up and said to her, ‘Woman, where are they? Has no one condemned you?’ She said, ‘No one, Lord.’ And Jesus said, ‘Neither do I condemn you; go, and do not sin again (The New Testament, St. John 22/3/07).

What the hell has this got to do with anything? have you posted in the wrong thread or something?
 
I am innocent, want open trial: Justice Iftikhar



ISLAMABAD, March 22: Against the backdrop of a raging debate in the country on his fate, Pakistan’s suspended chief justice, Justice Iftikhar Mohammad Chaudhry, said on Thursday he was “entirely innocent” and, therefore, called for an open trial by the Supreme Judicial Council.

He also forcefully defended his decision to accept the invitation of the legal fraternity to address them in the coming days, stating that “taking bar associations into confidence about (the) prevailing constitutional issues is the duty of every chief justice”.

In an exclusive interview with Dawn — the first given to any Pakistani or international news organisation since the presidential action on March 9 — Justice Iftikhar Chaudhry remained extremely cautious about the choice of issues, and even words, ostensibly to avoid having any impact on his case. Matching the serenity of the Judges’ Colony in Islamabad, the chief justice, sent on forced leave, was sitting in the salon of his official residence.

Dressed in a black kurta over white shalwar with Peshawari chappal, all through the interview Mr Iftikhar Chaudhry held a soft smile and looked confident enough to deal with any adversity. “I am proud that each member of my family has stood by me in this difficult and trying time. They have given me strength. I believe that Allah the Almighty will vindicate me,” said Mr Iftikhar Chaudhry.

Stilted and cautious, Mr Iftikhar Mohammad Chaudhry’s each word was carefully chosen to leave little room for ambiguity. Still, he was quite clear about the way things have shaped up during the last couple of weeks and spoke about a number of issues, ranging from his decision to address various bar associations, to the support he was getting from the legal fraternity, particularly in the form of resignations by a number of judges and, while insisting he was “entirely innocent”, the chief justice called upon the Supreme Judicial Council to grant him a “public trial” so that the council’s own image does not suffer.

Defending it as a perfectly ‘usual’ mode of behaviour for any chief justice, Mr Iftikhar Chaudhry dispelled the impression that an interface with the judicial fraternity was in response to the current judicial showdown with the government. “As a judge I firmly hold that I can speak to the Bar about constitutional issues of interest to the Bar and the Bench”. But conscious of the controversy such a move could generate, he said, “I resort to no political talk or speech”.

Still, Justice Iftikhar Chaudhry maintained, as a chief justice it was his duty to take “the Bar Associations into confidence about (the) prevailing constitutional issues”.

Acknowledging the decision of those judges who had resigned in his support, Mr Chaudhry unequivocally praised them by stating that he had “great respect for those judges of the High and subordinate courts who have sacrificed their jobs for the cause of the rule of law”.

During the interview, he laid great emphasis on having an open trial, enabling the people to decide his innocence. “With reference to this trial my plea is that I am entirely innocent. That is why I want the public to know of the charges as well as of my defence. This should not cause any embarrassment to anyone, and certainly not to me. Since I’m innocent and want to enter upon my defence, I want all the citizens of Pakistan to know that their chief justice is not at fault,” said Mr Iftikhar Chaudhry.

Besides emphasising his desire to let the people judge him, Mr Iftikhar Chaudhry also talked at length about the various cases he had taken up during the course of his curtailed tenure as the chief justice of the Supreme Court.

Mentioning specifically certain landmark cases, which instantly raised his stature as the adjudicating authority — enjoyed by nobody in the recent past — he talked about hearing petitions against rising oil and pharmaceutical prices involving the interests of large multinationals, preventing public parks being converted into exclusive (mini)golf clubs or commercial complexes, strictly enforcing building regulations and decreeing the demolition of elitist encroachments on public lands, prohibiting the cutting of forests in the construction of an elitist township known as New Murree in the foothills above Islamabad, instituting inquiries into disappearances, providing relief to rape victims, banning forced marriages and the exchange of girls and women to settle disputes according to local customs.

Last year, he also dealt a severe blow to the administration by annulling the privatisation of the largest industrial unit in Pakistan, the Pakistan Steel Mills. “The cases which were pending were the Gwadar land scam and certain constitutional issues. I was also going to look into the privatisation of the Habib Bank,” revealed Mr Iftikhar Mohammad Chaudhry.

In the last one year alone, he had taken suo motu notice of more than 6,000 cases of human rights’ abuse across the length and breadth of the country. In the two years since his elevation to that office the chief justice had cleared a massive backlog of cases and taken up, suo motu, several causes close to environmentalists and social reformers.

Despite this record, the chief justice refused to talk about the reference against him or of any individual allegation. He also did not want to speak about the future plans or of the defence that he intended to offer before the Supreme Judicial Council. For that he has nominated a panel of lawyers headed by Aitzaz Ahsan and including Munir Malik, Hamid Khan, Tariq Mahmood, Ali Ahmed Kurd and Qazi Anwar.

The panel, said the chief justice, was drawn from all the provinces of

Pakistan and comprised senior lawyers who held representative positions in the Pakistan Bar Council and the Supreme Court Bar Association.

The chief justice declined to talk about his meeting with the president and the circumstances in which he visited the Camp Office of the president on March 9. He said that these matters would be taken up in the course of the proceedings of the reference before the Supreme Judicial Council and would agitate them at that forum.

The Supreme Judicial Council, headed by Mr Justice Rana Bhagwandas who is expected to take oath as acting chief justice at the weekend, having returned from his vacation in India, is slated to meet on April 3.


http://dawn.com.pk/2007/03/23/top1.htm
 
Plea seeking CJP’s ‘freedom’ dismissed

Lahore High Court Chief Justice Iftikhar Hussain Chaudhry during an in-camera proceeding on Thursday dismissed a petition of MD Tahir advocate, seeking release of Justice Iftikhar Muhammad Chaudhry from alleged illegal detention.

The LHC chief justice, who is also a member of the Supreme Judicial Council, took up the petition as an objection case, as the LHC registrar office had refused to entertain this petition, while objecting that it should be filed before appropriate bench of the LHC at Rawalpindi.

Later, MD Tahir filed a fresh petition and his counsel Dr Farooq Hassan said “the appropriate bench” objection had no legal value considering the detainee was the chief justice of Pakistan. But the LHC chief justice upheld the objection and dismissed the petition.

The petitioner had submitted that Chief Justice of Pakistan Iftikhar Muhammad Chaudhry was confined to his Judicial Colony house under unconstitutional and male fide actions of the State. Even a judge of the Supreme Court was prevented by the police to visit him. This tragic state of affairs tantamount to the worst exhibition of dictatorial rule.

The removal and detention of Chief Justice Iftikhar Chaudhry was unprecedented. It amounted to an assault on the principle of separation of powers and independence of the judiciary, the petitioner said.

Link

LHC chief judge is one of the most corrupt judge ever. He has many references pending against him. How can he be allowed to be a part of the Supreme Judicial Council.

Imran Khan and Chaudhry Nisar have even publically named him and asked him to be removed from SJC.

Keyserose this is what i wanted to say. Now read those lines and keep this in mind too.

Let the most honest of judges who have no references against them try CJ.



Apart from that lemme me remind you all not very long ago, UAE donated an aeroplane to Pakistan which will exclusively be under use of Mush. Also have u guys ever heard of or seen Mush's motorcade. One of the charges on SJ is using cars which he was not entitled to. I ask Mush is he entitled to an aeroplane and those bullet proof cars.

Let the one who uses his private car judge CJ.
 
Sifting facts from fiction

Every brick of President General Pervez Musharraf’s palatial Pindi office vividly reminisces about what the chief justice of Pakistan had been confronted with on March 9, adding a new chapter to our chequered history.

The pleasant outside environment did not match the tense moments behind the closed doors of Musharraf’s camp office. What had transpired within the thick walls has now started unraveling.

Even a passer-by or a motorist driving through the Park Road, which graces the camp office, could now hear the reverberations of the dialogue between the two giants in their own spheres. One may give a fictional account of the dialogue between the two. While the prime minister sat through the session with muted silence but always nodding when Musharraf was speaking, the president was reading out a charge sheet while the chief justice was just scoffing at every charge.

Though the reference filed against Justice Chaudhry is still not public, the camp office reverberations are too clear about the charges framed. One can clearly hear the president saying to the chief justice: You have used your influence to pressurise the concerned authorities to win undue favours for your son — Dr Arsalan Iftikhar.

The CJ says: Be specific Mr president. President says: Dr Arsalan sought admission in Bolan Medical College despite securing marks far below the merit. The Balochistan chief minister was approached following which your son got into the medical college.

The CJ says: Sir who is the violator — me, Dr Arsalan or the chief minister? President says: Dr Arsalan was initially posted as section officer in the Health Department, Balochistan against a vacancy meant for initial recruitment through the Provincial Public Service Commission. On August 6, 2005 the Interior Ministry approached the Balochistan Government seeking the services of Dr Arsalan for his posting in the FIA in public interest. On August 13, 2005, the Balochistan Government conveyed its no-objection to the Interior Ministry following which the Ministry on August 15th and again on September 5, 2005 issued the posting order of Dr Arsalan in the FIA on deputation. On 30th September Dr Arsalan joined the FIA.

The CJ says: What is the point you want to make Mr president?

The president says: Without completing the mandatory period of his probation as medical officer in the Institute of Public Health, Quetta, Arsalan was transferred and posted first as section officer in the Balochistan Secretariat against a non-existing post and then sent on deputation in the FIA.

The CJ says: Who violated the law and where do I figure Sir?

The president says: In November 2005, the Balochistan Government relaxed the rules to confirm the appointment of your son as medical officer in the Provincial Health Department. Barely within 5 months of having assumed the charge of assistant director FIA in BS-17, the Balochistan Government issued an order on March 22, 2006 saying that Arsalan’s services are placed in the FIA as deputy director (BS-18) on deputation for a period of three years. On April 7, it was notified that he had assumed the charge of the office of DD FIA.

The CJ says: Who violated the law and where do I figure Sir?

The president says: Later you launched an offensive to get your son inducted into the Police Service of Pakistan, which under the law was only possible through the CSS. As first step, he was sent to the Police Academy for training with probationer ASPs as notified by the Interior Ministry on May 19, 2006. On 24th May the Interior Ministry issued another order directing the commandant National Policy Academy that Dr Arsalan should be attached with the Punjab Police after the completion of specialized police training in the academy. On May 24 2006, the Academy relieved Arsalan and directed him to report to the Elite Police Training School, Lahore. After the completion of the course, he was to report to Lahore police for six months field attachment.

The CJ says: Mr president who is the violator?

The president says: Meanwhile the Prime Minister’s Secretariat was approached for regular induction of Dr Arsalan in the Police Service of Pakistan in BS-18. The PM sought the Establishment Division (ED)’s view, which said it is not possible under the law. Later you pressurized the secretary Establishment to get Dr Arsalan inducted into the PSP no matter what the rules say.

The CJ says: Sir, who told you this?

The president says: The secretary Establishment told all this to the principal secretary of the prime minister. It was not possible but still you kept on pressing for the impossible task. Ultimately the Establishment Division had to propose an amendment in the rules to make this impossible a possible. During these days you have been regularly exerting pressure on the Prime Minister’s Secretariat.

The CJ says: Sir do you have any concrete evidence? Secondly, if my son was inducted into the Police Service of Pakistan?

The president says: You also exerted pressure on the Interior Ministry to ensure that your son is nominated for a foreign course on combating international terrorism. This was done despite the fact that your son was not a police officer.

The CJ says: Sir who was the nominating authority?

The president says: Being the CJ, you are entitled to one 1600cc car but you have seven including a Mercedez Benz 3000cc in Islamabad. You also have several cars at Lahore and Quetta. Additionally you have also, more than once, asked the provincial chief minister or governor to provide you the cars during your stay in the province.

The CJ says: Sir if I am an exception?

The president says: You have also been insisting and getting protocol that is not allowed to the CJ.

The CJ says: Hummmm...

The president says: You have been repeatedly demanding for official plane/helicopter of the provincial governments for your travelling from one place to the other and even to offer condolences whereas you are not allowed to use these luxuries.

The CJ says: At times one requires faster transport means to save time.

The president says: For sometime you and your family has been using a BMW car registration No “Razia-1”.

The CJ says: If so, is it a crime Sir?

The president says: You are also accused of passing orders but subsequently changing them when giving the same in writing.

The CJ says: Who says so Sir? I hope it is Naeem Bukhari.

The president says: You also used you influence to enhance the entitlements of your office.

The CJ says: Where was I wrong?

The president says: Face the above charges or?

The CJ says: I will.

Link

How can the army chief call CJ of Pakistan to his office.

Its said CJ was pressurized by three generals (from IB, MI and ISI) apart from Mush and Aziz to resign.

After hours of negotiations when CJ still refused to resign and feared for his life he started reciting the Qalma. At that time he was allowed to go but the ACJ had already taken oath by then
 
what are the chances this conversation,which is leak to media is all real facts ?
 
How can the army chief call CJ of Pakistan to his office.

Its said CJ was pressurized by three generals (from IB, MI and ISI) apart from Mush and Aziz to resign.

After hours of negotiations when CJ still refused to resign and feared for his life he started reciting the Qalma. At that time he was allowed to go but the ACJ had already taken oath by then
It's simple. He didn't. The CJ came to Musharraf for help against the Justice from Peshawar's own charges against the CJ.
 
It's simple. He didn't. The CJ came to Musharraf for help against the Justice from Peshawar's own charges against the CJ.

No dear its not that simple. CJ did not request a meeting with Musharraf it was Mush who called him to his office. Record will tell that if ISI has not already changed em.
 
CJ manhandled by ‘strangers in police uniform’: SHO

One of the prime accused in manhandling of Chief Justice Iftikhar Mohammad Chaudhry on Wednesday distanced himself from the episode and instead passed the blame on “strangers in police uniform” for mistreating the non-functional chief justice and his family on the day he was to appear before the Supreme Judicial Council.

Recording his statement before an inquiry tribunal, headed by Justice Ijaz Afzal of the Peshawar High Court, SHO of the Kohsar police station, Rukhsar Mehdi denied charges against him and said he was rather away from the place where the CJ was reportedly roughed up.

He claimed that some strangers in police uniform were present on the spot where the CJ and his wife were manhandled and forced to ride an official car before proceeding to the Supreme Court where the Supreme Judicial Council was to meet on March 13.

The tribunal was constituted by the Supreme Court which observed that police was a party in the case and the inquiry into the manhandling of the CJ by them would be something meaningless.

When Rukhsar Mehdi was shown a picture published in a section of press in which the chief justice was surrounded by a number of police officers and a person whose face was not visible grabbing the chief justice by the hair, he said picture was genuine but he could not recognise the hand of the hidden man.

When Justice Afzal asked him to recognise a police inspector, the SHO said the man-in-uniform was a stranger and not an officer of the Islamabad police.

"I have spent years in the capital police but I have never seen this man before," he said.

Two press reporters, who appeared before the tribunal as witnesses, told the tribunal that Rukhsar Mehdi along with other police high-ups was present on the scene and he pushed the head of the chief justice.

Shakeel Anjum, a crime reporter, said that Rukhsar Mehdi and a bearded guard of the Inspector General of Police, along with other police officers, tried to force the chief justice to sit in the car. He said the chief justice first reprimanded him in a loud voice and then slapped him.

However, Rukhsar Mehdi denied that he was slapped by the chief justice.

Another reporter, Yasir Malik, confirmed that all high-ups of police, including the IGP and SSP, and officers of the district administration were present when the chief justice was manhandled.

He told the tribunal that after some time when he had decided to get in the Balochistan House, the chief justice asked the IGP who was Mehdi.

“He has misbehaved me and my wife. I am a Baloch and I will see him," the reporter quoted the chief justice as saying.

The then Acting Chief Justice Javed Iqbal took a suo moto notice of the incident on the basis of a picture published in a national daily on March 14.


Link
 
Hallmark of honesty - Pakistani Police

I feel the police officer is telling the truth. Such an act can only be done by someone who has no fear and respect of the CJ and the government and the only ones who fit this category are ISI, MI or IB.
 
Genuine or mala fide?


‘It’s time for Justice Bhagwandas to look inwards. If he realises that his appointment as acting CJ is incorrect, he should relinquish his office,’ says Justice (retd) Wajihuddin Ahmed

Former Chief Justice of the Sindh High Court, Justice (retd) Wajihuddin Ahmed is critical of the various constitutional and judicial measures that have been taken against the Chief Justice of Pakistan, Justice Iftikhar Chaudhry, and maintains that never in the history of the country the judicial edifice has been challenged in this way.

In an interview with Dawn Magazine, he sounded warnings to be watchful of whether the reference against the CJ had been moved in all seriousness or if it was part of a conspiracy to make a hero out of him and to possibly use him later on.
 
4,000 in Pakistan protest justice's firing

ISLAMABAD, Pakistan -- About 4,000 opponents of President Pervez Musharraf rallied yesterday in Islamabad, the capital's biggest street demonstration yet against his removal of Pakistan's chief justice.
The demonstration by political activists and lawyers outside the Supreme Court during a hearing in the judge's case remained largely peaceful but was a sign of the mounting pressure on Gen. Musharraf to curtail eight years of military rule.
"Everyone should support the chief justice. It is our moral duty," Makhdoom Amin Fahim, vice president of the main opposition Pakistan Peoples Party, told the crowd. "Everyone should also help us get rid of President Musharraf, who is the root cause of every problem."
Thousands more attended rallies in Lahore, Karachi and Quetta.
Gen. Musharraf triggered the biggest political crisis of his presidency when he suspended independent-minded Chief Justice Ifitkhar Mohammed Chaudhry on March 9.
The government has said it acted after receiving accusations that Justice Chaudhry had abused his position -- for instance, by seeking favors for his son.
However, Gen. Musharraf's critics denounce what they say was a plot to intimidate the court and ensure it doesn't stand in the way of an expected bid from the president, a key U.S. ally in its war against international terrorism, to secure another term.
Yesterday, protesters filled the road in front of the Supreme Court, waving colorful party flags -- most of them from an alliance of hard-line religious parties.
"Musharraf, killer of justice," they chanted, and brandished banners with slogans including, "Don't destroy the judiciary."
At a similar protest during the last hearing on March 16, police used tear gas and rubber bullets to contain a phalanx of rock-throwing demonstrators and raided a private TV network offering live coverage of the unrest.
This time, hundreds of police and paramilitary troops were positioned near the court, where concrete blocks and coils of barbed wire closed access roads to traffic.
They scuffled briefly with demonstrators to stop them from following Justice Chaudhry's car into the court complex and also intervened to rescue men harangued and beaten by several of the black-suited lawyers.
Police at the scene said the victims were members of the ruling Pakistan Muslim League-Quaid-e-Azam Party who had begun shouting pro-Musharraf slogans, while lawyers accused them of being undercover intelligence agents.
Yesterday's hearing adjourned after five hours without a verdict. The next hearing was set for April 13.
The United States, which lauds Gen. Musharraf for pledging to restore democracy, and the European Union have both expressed concern about the judicial standoff and its implications for parliamentary elections scheduled for the end of 2007.
Gen. Musharraf is expected to seek re-election as president from the outgoing legislature, a move the opposition could challenge in the Supreme Court, especially if he refuses to give up his post as army chief.

http://washingtontimes.com/world/20070403-104013-5487r.htm
 
Misuse of authority by a senior judge may create ripples

Chief Justice of Pakistan Iftikhar Muhammad Chaudhry has acquired some important information, backed by documentary proof, against a senior member of the judiciary.

The documents, as it is being termed by those privy to the information, may create ripples in the coming days as the said judge also influenced the government functionaries to accommodate his kith and kin in different institutions.

Unlike Justice Chaudhry, who has been charge-sheeted mainly for alleged misuse of his office for his son, the said judge did all this for his two daughters and son-in-law. Interestingly, the said judge had started this a year before the CJ did. The documents reveal that the said judge had allegedly got admitted his daughters in Bolan Medical College after they failed to qualify for the admission on merit. It did not happen once but twice, first in December 1995 and then in January 1998.

The documents seen by 'The News' disclose that the chief minister of a province had helped the said judge in getting admission to his daughter when he directed the Bolan Medical College administration to enrol Ms QJ against special seats at his (CM) disposal.

The daughter of the said judge was enrolled despite the fact that she was not qualified to be accommodated against these special seats.The chief minister's letter that was sent to the medical college administration for admission also carries the name of the said judge. He resorted again to this practice when his younger daughter also could not get admission in Bolan Medical College on merit.

The chief minister of a province again wrote to the medical college for giving admission to Ms AJ, the daughter of the said judge. This time, the admission was given against quota reserved for Azad Jummu and Kashmir students.

The chief minister had written on January 24, 1998, and the daughter of the judge was enrolled on January 28, 1998. It was November 2005 when the said judge got transferred and posted his son-in-law, Mr SA. The son-in-law of the said judge was a civil judge. He was transferred and posted in Home and Tribal Affairs Department of the province as a deputy secretary.

The chief secretary of the said province had ordered this in November 2005. It was again unprecedented, as the existing rules do not allow posting of a civil judge in Home and Tribal Affairs Department.

Link

As i have mentioned earlier two of the judges in SJC Justice Abdul Hameed Dogar and Justice Iftikhar Hussain CJ LHC have references pending against them in the Supreme court. How can they judge CJ when they themself are not clean.

Then there is Justice Javed Iqbal whose misuse of power has been highlighted above. Seconldy being the Senior most judge who otherwise would have retired in 2011 has his personal interest involved. If Justice Iftikhar Chaudhry remains the CJ his tenure would end in 2013. Whereas Bhagwan das has only a year left.
 
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