Pakistan President sacks chief justice

[Lahori paa jee]

Rafiq Tarar on all four (Former President of Pakistan and a retired judge)

Qazi Hussain Ahmed and Hafiz Hussain Ahmed

CJ being manhandled (I urge all of you to view this pic)

Lt. Gen (r) Hamid Gul stopped by police officers

 

[Lahori paa jee]

Khosa literally thrown into a police truck

 

[Lahori paa jee]

Iftikhar sent on forced leave, says govt: Bhagwandas to take oath as ACJ on return


The government on Saturday changed its position on the issue concerning Justice Iftikhar Mohammad Chaudhry, with Federal Minister for Law Mohammad Wasi Zafar saying that President Pervez Musharraf had sent Justice Iftikhar on ‘forced leave’ after filing a reference against him with the Supreme Judicial Council (SJC) on charges of ‘misconduct and misuse of power’.

“The honourable chief justice was sent on leave under Section 2 of the Judges Compulsory Leave Order 1970, validated in 1975 under the Validation of Laws Act 1975,” said the law minister in a statement issued here.

When contacted, Munir A. Malik, counsel for Justice Chaudhry and president of the Supreme Court Bar Association, said they had never been informed by the government or the SJC that Justice Chaudhry had been sent on forced leave. He criticised the government for “continuously changing its position on the issue of the suspension of the chief justice.”

On March 9, the government ministers said that the chief justice had been made ‘non-functional’ and that the action had been taken by the SJC and not the president. Now the law minister says that the chief justice has been sent on forced leave by President Musharraf.

When contacted, Law Minister Zafar claimed the government had already stated that the chief justice had been sent on forced leave under the law, but regretted that “the media did not highlight the point”.

Replying to a question, he said the whereabouts of Justice Rana Bhagwandas were not known to the government. He said he had come to know through the media that Justice Bhagwandas was in India, adding that he could not say when he would return.

“The government, being conscious and fully adamant to abide by the constitutional provisions and laws, assures the lawyers and the whole nation that the very moment Justice Rana Bhagwandas returns he will be given the oath of acting chief justice as per the requirement of the constitutional provisions,” the minister said in his statement.

He took full responsibility of the filing of reference with the SJC against the chief justice, saying that it was the duty of the law ministry.

“This is the first time that the accountability in the judiciary has been initiated through judiciary itself, which was the outstanding demand of the bars, intelligentsia and political parties,” he added.

Mr Zafar said many misconceptions and misunderstandings were spread in connection with the absence of Justice Bhagwandas and also due to the fact that the government was not in a position to publicise the contents of the reference against the chief justice and other related matters.

He said Justice Javed Iqbal had been made the acting chief justice because Justice Bhagwandas, the senior-most judge, was abroad on leave. According to rules, he said, the leave was granted to a judge of the Supreme Court by the chief justice himself, and the government or any other functionary had nothing to do with it. The government could not even cancel his leave or request him to cut it short, he added.

He advised the protesting lawyers “not to create law and order situation and try to patiently wait for the verdict without creating hindrance.”

He said it was obligatory upon all citizens, particularly lawyers, to refrain from indulging in any act which appeared as interference in the work of the SJC.

The minister, who had been issued a show-cause notice for the suspension of his membership of Jaranwala Bar Council, said a group with a particular thought was “pressurising their colleagues by issuing notices, cancelling memberships and licences to force them to act according to their whims and wishes which was a naked violation of Articles 17 and 19 of the Constitution.”

He said that nothing illegal or unconstitutional had been done by the government or the SJC as all the lawyers were fully aware that the SJC had been formulated in accordance with the constitutional provisions.

Full Story

From non functional to sent on forced leave. It seems the government was in such hurry to remove CJ that they introduced a new term "non functional" like Mush did after take over "Chief Executive"

Couldn't they wait for Bhagwan das to return?

 

[HAIDER]

By Nasir Iqbal


ISLAMABAD, March 19: Justice Rana Bhagwandas, who is to assume the office of the acting chief justice of the Supreme Court, is meditating in Lucknow, India, it is learnt. Justice Bhagwandas is busy in “Geeta Gyan” in the Ashram of Nilu Bhagwan, a spiritual lady from the judge’s native Sindh province, where she once lived as Nilu Sanjnani.

Since March 9, everybody in Pakistan has been guessing about the whereabouts of Justice Bhagwandas. Then there were concerns about his wellbeing expressed by his close relatives. However, it is believed that he will return on March 23.

Justice Rana Bhagwandas is the senior-most judge of the Supreme Court and should have taken the oath of the acting chief justice after Chief Justice Iftikhar Mohammad Chaudhry was made “non-functional” by President Gen Pervez Musharraf.

BBC correspondent Ramdat Tripathi, who was working to locate Justice Bhagwandas, told Dawn on Monday on telephone that the judge was part of an 11-member team from Pakistan now in the small Krishan Nagar town for some spiritual experience. The judge, who is staying in a small room, is on a private visit. He, according to Mr Tripathi, keeps himself busy in meditating worship and avoids mingling with people.

Although Mr Tripathi could not meet the judge, he managed to gather some information from his neighbours, who told him that the judge was aware of the events taking place in Pakistan.

Since the disclosure about the judge’s presence there, the town has been swarming with media personnel.

http://dawn.com/2007/03/20/top6.htm

 

[Lahori paa jee]

This is amazing and unprecedented. How could the hearing be adjourned before the session took place. The norm is that the bench if they want to postpone the proceeding can do it only when they are in session and not before it.

Apart from that Aitezaz claims that the defendant and the defence teame have not been given the full version of the reference to this day.

SJC adjourns CJ case till April 3

The Supreme Judicial Council (SJC) has adjourned the hearing of an application filed by Justice Iftikhar Muhammad Chaudhry in the presidential reference against him for April 3, 2007 at 9.30am and notices to all concerned have been issued accordingly, said an official notification issued by the office of the acting registrar/secretary of the SJC.

However, the press release issued by the official spokesman for the Supreme Court did not mention the cause of the adjournment. The SJC, headed by Acting Chief Justice of Pakistan/Chairman Javed Iqbal, and comprising two Supreme Court judges, Justice Abdul Hameed Dogar and Justice Sardar Muhammad Raza Khan, Chief Justice Lahore High Court Iftikhar Hussain Chaudhry and Chief Justice Sindh High Court Sabihuddin Ahmed (as members) was slated to hear the application filed by Justice Chaudhry challenging the constitutionality of the SJC on March 21.

Tariq Butt adds: The 13-day deferment of the presidential reference against chief justice Iftikhar Muhammad Chaudhry by the SJC has come as a shock to the panel of defence lawyers, which is poised to reach the SJC at the appointed time on Wednesday.

“Neither Justice Chaudhry nor I, nor any member on our panel had asked for adjournment,” chief defence counsel Chaudhry Aitzaz Ahsan told The News by phone. “The SJC secretary has issued a mala fide and wrong order,” he added.

The postponement is apparently aimed at buying time in order to cool down high temperatures and the imminent agitation in front of the Supreme Court building again on Wednesday. The deferment has also caught unawares prominent politicians and political activists, who were all set to protest during the SJC hearing. MMA President Qazi Hussain Ahmed has even announced staging a sit-in outside the apex court premises.

“The government buckled under the public pressure because it unilaterally extended the period of forced leave of the chief justice,” Aitzaz said. He said that in any case he and other defence lawyers would be going to the SJC at the given time on Wednesday.

On April 3, the new date fixed for hearing of the presidential reference by the SJC, Aitzaz said, many more lawyers and people at large would protest against the illegal and unconstitutional action against Justice Chaudhry.

In the meantime, he said, he would be challenging the suspension and compulsory leave of the chief justice in the Supreme Court. “In the intervening period, we will not be sitting idle,” he added.

Surely, Justice Rana Baghwandas would be presiding over the next SJC meeting, as he would take oath as the acting chief justice by that time. Before the postponement of the SJC session, Aitzaz told this correspondent that the defence lawyers would be agitating many issues before it.

He said General Pervez Musharraf had prejudiced the SJC proceedings by saying at a recent public meeting in Gujranwala that the real facts and issues, which motivated him to file the reference against Justice Chaudhry, are known to him only.

Then in his address to MPs and ruling party men on March 17, Aitzaz said, Musharraf stated that the reference was motivated by an application of a judge of the Peshawar High Court. Then, finally on Geo TV, Aitzaz pointed out, Musharraf said the reference was necessary because of complaints of chief secretaries, inspectors-general of police and high court chief justices.

“Now we want to know before the SJC proceeds, and it must be found out what the real intention and purposes were if the real intention is collateral to the charges because none of the real issues is mentioned in the reference,” Aitzaz said. “Then, the reference must be thrown out summarily.”

For that purpose, he said, it is necessary that Musharraf should be summoned into the witness box and “I be allowed to cross-examine him on oath. In an open trial, if the American president can make a statement on oath before TV cameras, why the referring authority in this case should not be subjected to the same treatment, particularly when we have to get to the bottom of the case.”

Additionally, the lawyer said, on March 15 Musharraf had issued an order under a 1970 law promulgated by General Yahya Khan under which Justice Chaudhry has been sent on forced leave.

“The necessity of this order is obvious because Musharraf feels that the suspension of the chief justice and rendering him ineffective on March 9 was illegal, had no effect in the eyes of the law and a contempt of court. No one, not even a Supreme Court judge or a high court chief justice, can interfere or restrain the apex court chief justice from performing his functions.”

The fact that Musharraf’s advisers realised that the only manner in which the chief justice could perhaps (subject to our reservations) be restrained from performing his functions was by sending him on forced leave under the 1970 order, Aitzaz said.

“This implies that the president’s action of ousting Justice Chaudhry from his office, from the chief justice’s chamber, from the Supreme Court premises and holding him in detention without communication with the outside world is the grossest possible contempt, which was not even attempted by King Charles of England in 1623 or under the racist regime of Ian Smith in Rhodesia in 1965,” he added.

Asim Yasin adds: Meanwhile, Minister for Information and Broadcasting Senator Muhammad Ali Durrani said on Tuesday that the postponement of the hearing of reference against chief justice Iftikhar Muhammad Chaudhry till April 3, was a decision of the SJC and the government had nothing to do with it.

Talking to newsmen at a dinner hosted for an eight-member Afghan Media Delegation, Durrani said Benazir Bhutto and Nawaz Sharif had become irrelevant to Pakistani politics. “The meeting of both the former prime ministers will meet the same fate that of the all parties conference and it will have no effect on the political scene in the country,” he said.

“I had earlier mentioned that the London APC would bring historic disappointment and the following events proved my prediction,” he said, adding that a non-political behaviour and decisions of both these personalities have made them “irrelevant” to Pakistani politics.

Online adds: Well-placed sources said the SJC had taken this decision (of adjournment) through a consensus that Justice Rana Bhagwandas would be returning home on March 24 and the hearing would resume after Justice Bhagwandas is sworn in as the acting chief justice.

The sources said some people had reservations about the composition of the SJC; therefore, it was decided unanimously by the SJC to resume hearing of the reference after the appointment of Justice Bhagwandas as the acting chief justice.

Link

These are truely amazing developments. Seems like Mush was in a hurry and now he is in deep deep trouble

The government clearly need more time. They need time to make a strong case. they need time to pressurize CJ and his lawyers.

 

[Lahori paa jee]

Here is another interesting development

Retreat in sight

An effort is afoot to persuade non-functional chief justice of Pakistan Iftikhar Muhammad Chaudhry to agree to a “middle ground” enabling his honourable reinstatement but seeking some guarantees for those who matter in the present set-up.

However, the chief justice in response has stated in categorical terms that he would not enter into any such deal. However, Information Minister Muhammad Ali Durrani, when asked by The News, denied knowledge of any such move.

Reliable sources told The News that a former boss of one of the leading intelligence agencies is currently meeting those who are close to the chief justice for an early end to the present judicial crisis which is worsening with each passing day.

A source said a great supporter of the chief justice of Pakistan was approached by the former top spy with the idea that some “middle ground” must be found to resolve the crisis. The source, however, is not sure at whose behest the ex-spy wants to woo the chief justice.

The source said the message was conveyed to the chief justice on Sunday and he was told that the government is looking for a “middle ground”, which will ensure the return of Justice Chaudhry. In return the chief justice will have to guarantee that he would not turn against the powers that be.

The source said the chief justice was simply furious as soon as he heard the word “middle ground”. “There is no middle ground,” the chief justice was quoted as telling the source. “Agreeing to any middle ground is simply out of question,” the source quoted him as saying. Justice Chaudhry vowed that he would never let down all those who supported him during the testing time and even faced police brutalities.

The chief justice was also quoted as saying that the worst days of stress and strain for him are over so why should he now agree to any “middle ground”. The source said that before Sunday when the chief justice was once asked about the possibility of entering into background negotiations with the government for a “deal”, he had said, “The question does not arise till my last breath.”

Meanwhile, it is learnt that a group of four, holding key positions in the federal and provincial set-ups, has played the key role in persuading the president of taking the extreme step of filing the reference against the chief justice of Pakistan.

These persons include a retired general, currently holding a key position in the federal set-up; a retired judge of a high court, currently serving against an executive position in the federal secretariat; a provincial chief minister; and the chief justice of a high court of the same province.

The sources said it was this group of four which had the greater role firstly in convincing the president that Justice Chaudhry was running a parallel government, and secondly in preparing the reference against him. Although Makhdoom Ali Khan, the Attorney-General for Pakistan, was also consulted for his technical support, he was not considered as the man who was behind this unprecedented adventure of the executive against the judiciary in the history of Pakistan.

Extreme secrecy was maintained to ensure that no one get a clue to what is now dubbed as a judicial coup against the top judge of the country. To the government’s bad luck, the constitutional guru, Sharifuddin Pirzada, was not consulted in the preparation of the reference mainly because he had questioned the appointment of the retired high court judge (figuring among the four) at his present position.

However, a source said Pirzada was invited to offer his comment on the reference at the eleventh hour, before confronting the chief justice on March 9. The source said Pirzada sounded his reservations over its contents but recommended to the government that Justice Javed Iqbal should be appointed as the acting chief justice of Pakistan.

The source said there were some voices against the option of appointing Justice Rana Baghwandas as the acting chief justice because of his being “more Muslim than Muslims” despite belonging to the Hindu faith.

A source, who had the opportunity to go through the reference whose contents have not yet been made public by the government, confided to this correspondent that the reference is no different from the much condemned open letter of a lawyer.

Link

How can a judge who has orchestrated the whole reference be allowed to sit in the SJC which has to decide the fate of CJ

 

[Lahori paa jee]

Judges have been resigning over the issue

LHC judge resigns in protest: Several judicial officials quit

Magistrate resigns in protest

Top Pakistan government lawyer quits over judge crisis

 

[HAIDER]

Nodoubt Mushyis trapped. If talks fail on "middle ground". What will be next. How long Mushy will pull this case. And what will be the impact on comming election. Mush govt smell some smoke before fire. CJ might take some blunt actions before election...sounds like his own party members have hung him from pole.
Because his whole cabniet is unable to give any answer to media, about CJ standoff..

 

[Lahori paa jee]

Attempts to pressurize Aitzaz Ahsan.

Police want to implicate Aitzaz: Capital bar chief injury case

Local police on Sunday approached the brother and colleagues of Islamabad Bar Association President Haroonur Rashid to convince them to lodge a case against PPP leader Aitzaz Ahsan whom they accused of driving recklessly and causing injuries to Mr Rashid, sources told Dawn.

They said the SHO of the Secretariat police station had contacted former president of the association Mehmood Jehangiri and told him that Mr Rashid suffered injuries after falling from the roof of the vehicle driven by Aitzaz Ahsan.

An ASI and a constable also visited Pims and met Mr Shabbir, the brother of Haroonur Rashid; former bar president Mehmood Jehangiri as well as other lawyers and asked them to lodge a complaint against Aitzaz Ahsan.

Police believe that the incident occurred due to reckless driving by Mr Ahsan.

However this view is not shared by Mr Rashid’s family and members of the bar association. So far no case has been registered against Aitzaz Ahsan.

Link

 

[HAIDER]

Well PPP is in picture ,and will break deal between govt and CJ situation. Its getting interesting...

 

[Lahori paa jee]

Nodoubt Mushyis trapped. If talks fail on "middle ground". What will be next. How long Mushy will pull this case. And what will be the impact on comming election. Mush govt smell some smoke before fire. CJ might take some blunt actions before election...sounds like his own party members have hung him from pole.
Because his whole cabniet is unable to give any answer to media, about CJ standoff..

I believe Mush will never let CJ return or he will impose martial law as the last way out. CJ is doomed for sure. If he comes back he can take suo moto action against Sindh CM, Mush and many others who have been constantly discussing the reference and holding press conferences against CJ. Arbab Ghulam rahim has also vowed to give more evidence dispite a warning by SJC not ti discuss the proceeding

Justice Ifthikhar Hussain (LHC CJ) is known to be one of the most corrupt judge in Pakistan's history. He is the brother of former governer punjab and a sitting minister. And he is a member of SJC which has to decide the fate of Justice Iftikhar Chaudhry

 

[Bull]

Is Bob Woolmers death the kind of diversion that lahori was prediciting.

 

[HAIDER]

BEFORE THE SUPREME JUDICIAL COUNCIL, PAKISTAN

ISLAMABAD

Reference by the President, Islamic Republic of Pakistan under Article 209 of the Constitution

Respectfully sheweth:

The facts and circumstances necessitating this Reference by the president of the Islamic Republic of Pakistan (“Pakistan”) under Article 209 of the Constitution, briefly stated, are as under:

I. The Prime Minister of Pakistan on receipt of information, from several sources, with respect to the conduct of Mr. Justice Iftikhar Muhammad Chaudhry, the Chief Justice of Pakistan (hereinafter referred to as, “the learned judge”) was pleased to advise the President of the Islamic Republic of Pakistan to "direct" the Supreme Judicial Council of Pakistan, in exercise of its powers under Article 209 of the Constitution, to inquire into the matter and report to the President whether the learned judge has been guilty of misconduct and further, whether he should be removed from office?

II. The advice of the Prime Minister was, inter alia, based on the following:

Arsalan Iftikhar

1. Dr. Arsalan Iftikhar is one of the sons of the learned judge. As narrated in paragraphs 2 to 25, the learned judge committed misconduct by employing his position to gain undue advantage for Dr. Arsalan Iftikhar. To secure this end he committed and was responsible for the commission of a number of unlawful acts. That all the acts narrated in paragraphs 2 to 25 were committed as a result of his influence and on account of the demands made by him and the pressure exerted by him. He unlawfully used his position as a judge and Chief Justice of the Supreme Court of Pakistan influence, harass and intimidate all concerned and compelled them to act in an unlawful manner. Such conduct is unbecoming a judge and is particularly reprehensible in the case of the Chief Justice of Pakistan.

2. Dr. Arsalan Iftikhar sought admission to Bolan Medical College in the year 1996. Having secured 639 marks with an overall "C" grade in his Intermediate Examinations he could not be admitted on merit. The threshold being 750 marks. The Chief Minister of Balochistan was approached who nominated him, "for admission in 1st year MBBS class in Bolan Medical College, Quetta, against leftover foreign vacant seats/special seats".

3. On 22 June 2005 Dr. Arsalan Iftikhar was appointed as Medical Officer/Demonstrator in the Institute of Public Health, Quetta.

4. On 18 July 2005, a few days after Dr. Arsalan Iftikhar was so appointed, the Chief Minister of Balochistan passed the following order:

"Dr. Arsalan Iftikhar, Medical Officer, presently posted as Demonstrator, Institute of Public Health Quetta be transferred and posted as Section Officer (Technical) in Health department with immediate effect in the interest of public service. Please issue notification." [Emphasis supplied]

The Chief Secretary, Balochistan, to whom these orders were addressed, directed these to the Health Department on that very day (18 July 2005).

5. The Health Department on 10 August 2005 referred the case to the Services and General Administration Department ("S&GAD") as the authority "for posting/transfer of Secretariat staff is S&GAD Department.

6. On 11 August 2005, in a Summary for the Chief Minister, the S&GAD pointed out that "no … post in Technical quota is available against which Dr. Arsalan could be considered for posting as Section Officer". It was, however, pointed out that 07 posts of Section Officers against the "quota of initial recruitment are vacant", the case for placing the requisition of these posts with the Balochistan Public Service Commission was being processed separately. It was "proposed that Dr. Arsalan Iftikhar be considered for posting as Section Officer against one of the vacant post as a temporary arrangement".

7. On 15 August 2005 a notification was issued to the effect that Dr Arsalan Iftikhar Demonstrator in Institute of Public Health, Quetta, was "transferred and posted as Section Officer (Dev) in Health Department, against existing vacancy with immediate effect until further orders."

[Emphasis supplied]. It may be stated that as was pointed out in the Summary to the Chief Minister, there was no existing vacancy. The 07 vacancies had to be filled by initial recruitment through the Balochistan Public Service Commission. What was proposed was that at best Dr Arsalan Iftikhar be temporarily accommodated against one of these vacancies, till it was filled by a suitable candidate by the Balochistan Public Service Commission.

8. Nine days before the notification of 15 August 2005 was issued, the Ministry of Interior, Government of Pakistan, addressed a letter on 6 August 2005 to the Chief Secretary, Government of Balochistan:

The services of Dr. Arsalan Iftikhar, BS-17 officer of the Health Department, Government of Balochistan are required to be utilized in FIA in public interest [Emphasis supplied]

2. It would be highly appreciated if you could place the service of Dr Arsalan Iftikhar at the disposal of the Ministry of Interior for posting in FIA.

On 13 August 2005, two days prior to the notification of 15 August 2005, the S&GAD, Government of Balochistan conveyed to the Ministry of Interior, Government of Pakistan, its "no objection for placing the services of Dr. Arsalan Iftikhar (Health/B-17) at the disposal of Ministry of Interior for posting in FIA. While this letter was either in the mail or had not reached the "right" hands, the Ministry of Interior sent a reminder on 16 August 2005.

9. On 5 September 2005 a notification was issued by the Ministry of Interior, Government of Pakistan. Dr Arsalan Iftikhar was transferred and his services were placed at the disposal of FIA for posting as Assistant Director (BS-17) in the FIA, on deputation for a period of three years, in his own pay and scale, with immediate effect and until further order.

10. On 9 September 2005, the Secretary S&GAD brought the matter to the attention of the Chief Secretary, Balochistan. On 13 September 2005 the Chief Secretary Balochistan on behalf of S&GAD issued a notification pursuant to the notification of the Government of Pakistan. On 30 September 2005 Dr Arsalan Iftikhar received charge of the office of Assistant Director, FIA at Islamabad. This was notified on 24 October 2005.

11. Within four months of his appointment as Medical Officer/Demonstrator in the Institute of Public Health, Quetta, Dr Arsalan a BS-17 officer, who had not even completed the mandatory period of his probation, was transferred and posted first as a Section Officer in the Government of Balochistan against a non-existent vacancy and then sent on deputation as Assistant Director, FIA, to the Ministry of Interior, Government of Pakistan, for a period of three years; all in the public interest. And this for a person who had appeared thrice in the CSS competitive examinations and failed each time.

12. Under Rule 8 of the Health Department, Government of Balochistan, Service Rules 1984, a person appointed to the service against a substantive vacancy remains on probation for a period of two years if appointed by initial recruitment. Dr Arsalan, having been so appointed, on 22 June 2005, his period of probation would have been completed on 21 June 2007.

13. On 22 November 2005 the S&GAD, Government of Balochistan moved a summary to the Chief Minister, Balochistan proposing confirmation in services of Dr Arsalan Iftikhar "with immediate effect against the substantive post of Medical Officer in the Provincial Health Department by relaxing Rule 8 of the Balochistan Health Department (Basic Pay Scale 16 and above) Service Rules 1984 for completion of probation period of 2 years." On 5 December 2005 the S&GAD, Government of Balochistan issued a notification whereby the services of Dr Arsalan Iftikhar were confirmed.

14. On 22 March 2006 in continuation of its notification of 5 September 2005, the Ministry of Interior issued yet another notification, Barely within 5 months of having assumed the charge of Assistant Director FIA in BS-17:

Dr Arslan Iftikhar (BS-17) Health Department, Government of Balochistan Quetta is transferred and his services are placed at the disposal of Director General Federal Investigation Agency for posting as Deputy Director (BS-18) in FIA on deputation basis for a period of three years....(Emphasise supplied)

On 7 April 2006 it was notified that he had assumed charge of the office of Dy Director (BS-18) FIA on 22 March 2006. On 9 May 2006 by a letter issued by the Office of the Director General Federal Investigation Agency it was clarified as follow:

Now he has been upgraded as Deputy Director in BPS-18 with retrospective effect, i.e. from the date of initial joining as per notification dated 22-03-2006.

On 9 May 2006 the Ministry of Interior issued yet another notification in partial modification of its notification of 22 March 2006. It was stated:

Dr Arslan Iftikhar has assumed the charge of the post of Deputy Director /BS-18, FIA on 3rd September 2005 with retrospective effect.

15. This done, a campaign was launched to induct Dr Arsalan Ifitkhar in the Police Service of Pakistan. As BS-17 officer Dr. Arslan Ifitkhar could have joined the Police Service only through the competitive services examination conducted by the Federal Public services commission but being in BS-18 made induction possible and the FPSC route could be avoided. As a first step he was to be sent to the Police Academy for training with PSP officers all of whom had been selected by the Federal Public Services Commission. The training was exclusive to PSP officers.

16. On 19 May 2006, the Ministry of Interior addressed a letter to Commandant, National Police Academy, Islamabad, stating that Dr. Arshaln Iftikhar, Deputy Director, FIA, was attached with the National Police Academy for training with CTP batch. The Commandant was requested to attach the said officer for field training along with under training ASPs to cover catch aspect of the required training.

17. On 24 May 2006, the Ministry of Interior again issued a letter to the Commandant, National Police Academy, Islamabad, stating that after the completion of the specialized training programme at the National Police Academy, the services of Dr Arslan Iftikhar be placed at the disposal of Punjab Police for further posting at Lahore for his District Attachment Training.

18. Pursuant to the letter of 24 May 2006, the National Police Academy, Islamabad, on 27 June 2006 relieved Dr Arslan Ifitkhar, "for completion of remaining training programme of 32nd CTP, and directed to report to Elite Police Training School, Bedian Lahore on 02-07-2006 doing six weeks Orientation Course." After completion of the course he was to "report to CPO, Punjab, Lahore for Phase III part of training which is six months Field Attachment".

19. In the meantime, the Prime Minister's Secretariat was approached for the permanent induction of Dr Arsalan Iftikhar in the Police Service of Pakistan in BS-18. On 16 May 2006 the Prime Minister's Secretariat sought the views of the Establishment Division in that regard.

20. The UO Note of the Prime Minister's Secretariat was also circulated to FIA. On 3 June 2006 the Office of the Director General, FIA, stated that, "neither FIA requisitioned his services, nor was involved at any stage for his deputation or district attachment etc." FIA, therefore, expressed its inability to offer any views/recommendations on the UO Note.

21. On 23 May 2006 the Establishment Division noted that as per the PSP (Composition, Cadre and Seniority) Rules, 1985, "the request of the officer for induction in PSP in BS-18 is not feasible." In a separate note the Establishment Division observed that Dr. Arsalan Iftikhar could not be inducted in the Police Service of Pakistan without an amendment in the PSP (Composition, Cadre and Seniority) Rules, 1985. Such an amendment could only be made with the approval of the President.

22. On 31 May 2006 the Secretary, Establishment, was called by the learned judge for a meeting at his residence. The meeting took place at 2100 hours. The observations of the Establishment Division were also communicated to him. The learned judge appreciated the aforementioned reservations but the meeting ended with the learned judge insisting on:

(a) the induction of Dr Arslan Iftikhar in FIA preferably in BS-18;

b) his subsequent deputation to the Punjab government without their specifically mentioning the post against which he will be posted; and

c) simultaneous initiation of a proposal to amend the rules to provide for induction of FIA officers in the Police Service of

Pakistan, and sought his son's permanent induction in (BS-18) in the Police Service of Pakistan.

The Secretary, Establishment, communicated these demands to the Principal Secretary to the prime Minister, around midnight, the same evening. Soon thereafter the Secretary Establishment received a call from the learned judge saying that he had found a number of precedents of induction into various groups. On 1 June 2006 the papers were received from the learned judge. Later, the learned judge called the Secretary Establishment on the Green Line to enquire if the papers sent by him had been examined. The Secretary Establishment stated that it would take some time. The learned judge stated that orders of the Prime Minister be obtained by referring to these precedents. He was told that a written reference would be made to the Prime Minister's Secretariat giving the precedents as well as the legal position. The learned judge responded that a written reference would "jeopardize the case and that this was part of a package and reference to the rules need not be made."

23. The learned judge continued to "insist" that all concerned make the necessary changes and warned of "consequences" if his desires were not met. Due to the relentless pressure and the campaign of intimidation and harassment launched by him, ultimately a summary was prepared and submitted by the Establishment Secretary on 23 June 2006 to the Prime Minister for addition of a new "Rule 7-C" in the Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985. The amendment was tailor made for Dr. Arsalan Iftikhar.

24. Since then the learned judge has almost on a daily basis exerted all kinds of pressure on the Prime Minister's Secretariat to secure the approval of the summary aforementioned and for the consequent induction of Dr. Arsalan Iftikhar as an officer in the Police Service of Pakistan as a BS-18 officer.

25. He also used his influence and authority to have Dr. Arsalan Iftikhar nominated to attend the 2nd Training Course in Combating International Terrorism and Organized Crime from 30 October 2006 to 3 November 2006 in Istanbul. He was the only non-PSP officer and the only under training person to attend this course.

26. The learned judge is entitled to one 1600 CC car, but he has contrary to the norms and rules on the subject secured the use of the following cars for himself at Islamabad:

i) Mercedes Bens 3000cc

ii) IDJ-166 Toyota Corona Model 1993 - 1300cc

iii) ODF 6828 Toyota Corona Model 1993 - 2000cc

iv) CIA-9 Toyota Corolla Model 2000 - 1300cc

v) GP-8695 Toyota Corolla Model 2002 - 1300cc

vi) IDM-7976 Toyota Corolla Model 2003 - 1300cc

vii) IDM-7977 Toyota Corolla Model 2003 - 1300cc

27. Besides these the learned judge has the use of a fleet of cars at Islamabad, Lahore and Quetta.

28. On more than one occasion demands have been made to the Chief Minister or Governor of the province which the learned judge is visiting to provide the cars for their own official use to the learned judge during the period of his stay in the province.

Protocol over and above entitlement

29. The learned judge insists on being provided protocol which has neither been ever sought by or provided to a Chief Justice. Besides an outrider to lead the cavalcade the demand is for a number of police vehicles to follow him. The men have to be from elite units. At times specific demands have been made for an officer not below a particular rank to act as an outrider. Traffic has to be diverted or stopped while the convoy travels from one point in the city to another at high speed. Such actions are completely unprecedented for a Chief Justice.

30. Demands have been made for senior bureaucrats not below a particular rank to receive him at the airport when he arrives in a provincial capital.

USE OF PLANES AND HELICOPTERS

31. The learned judge frequently demands the use of the plane or aircraft of a Governor or a Chief Minister to travel from one place to another or for a private visit to offer condolences or to attend a function. The learned judge is well aware that he is not entitled to the use of these aircraft and helicopter but is in the habit of making these demands frequently and secures these by insisting on these.

Para 32 deleted

33. For some time a BMW car registration No "RAZIA-1" remained in the use of the learned judge and members of his family. The story hit the press and when it refused to die down the car was quietly moved elsewhere.

Judicial Conduct

34. There are complaints of orders being verbally announced in open court in favour of one party and subsequently a written order at variance from the order announced in court being delivered. Two such cases have acquired particular notoriety. In one of these two cases it is alleged that amounts as large as Rs55 million may have been involved.

Reports

35. These matters have been subject of general and uncontradicted public comment, press reports, magazine articles, media comments by senior and respected members of the bar and former members of the superior judiciary.

Entitlements

36. The learned judge used the influence of his position to gain undue advantage by "insisting on an increase and enhancement in his entitlements or in securing the relaxation of the rules in that respect.

III. In the light of, inter alia, the foregoing facts and circumstances, and after a thorough consideration of the matter the Prime Minister of Pakistan advised the President of the Islamic Republic of Pakistan to refer to the Council, for its report, the question whether the conduct of Mr Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan in the following matters namely:

(a) in using his position, office, influence and authority as a judge of the Supreme Court and Chief Justice of Pakistan to:

(i) secure the appointment of his son Arsalan Iftikhar as a Section Officer in the Health Department, Government of Balochistan;

(ii) to have his son Arsalan Iftikhar sent on deputation by the government of Balochistan to the Ministry of Interior, Government of Pakistan as Assistant Director, FIA in BS-17;

(iii) to have his son Arsalan Iftikhar confirmed in the service of the Health Department, Government of Balochistan, much before the expiry of the mandatory period of probation in violation of the applicable rules;

(iv) to have his son Arsalan Iftikhar upgraded as Dy Director, FIA, in BS-18 with retrospective effect;

(v) to make efforts to have his son Arsalan Iftikhar inducted in the Police Service of Pakistan in violation of the rules and/or to seek an amendment of the applicable rules;

(b) in seeking and securing official vehicles and transport for his use much beyond the sanctioned and permissible limits;

(c) in insisting on protocol to which he was not entitled;

(d) in demanding and securing use of helicopters and planes to the use of which he was not entitled;

(e) in accepting accommodation with a litigant before the Surpeme Court;

(f) in using the BMW car "Razia 1";

(g) in writing judgements which were contradictory to orders announced verbally in open court;

(h) in insisting on entitlements or having rules relaxed for such entitlements;

constitutes a ground of misconduct on which the learned judge ought to be removed from the office of a judge of the Supreme Court of Pakistan and the Chief Justice of Pakistan.

IV: The President of the Islamic Republic of Pakistan is of the opinion that the learned judge may have been guilty of misconduct and therefore, is pleased to refer the question aforementioned to the Council for the purpose of conducting an inquiry into the matter and after such inquiry as it may deem fit report to the President its opinion whether the learned judge has committed misconduct and whether he should be removed from the office of a judge of the Supreme Court and the Chief Justice of Pakistan.

V. That the Prime Minister was further pleased to advise the President that besides making the reference to the Council the President may simultaneously, in exercise of his constitutional and inherent powers under the Constitution of Pakistan and all other power enabling him in that behalf, direct that as a reference would be pending against the learned judge before the Council it would be neither in the public interest nor in consonance with the norms of judicial propriety that he continues to perform the functions of his office as a judge of the Supreme Court or as the Chief Justice of Pakistan. This would be in consonance with past practices as well. For these reasons, till such time that the reference has been disposed off by the Council and final orders in the matter have been passed, the most senior of the other judges of the Supreme Court shall act as the Acting Chief Justice. The President has been pleased to pass orders accordingly.

VI. It is requested that this reference may please by taken up as soon as it may be convenient, an inquiry into the matter be commenced and the reference be disposed off as expeditiously as may be possible for the Council.

General Pervez Musharraf President, Islamic Republic of Pakistan

Through

Mr Justice (Retd) Mansoor Ahmed
Secretary, Ministry of Law, Justice and Parliamentary affairs Islamabad
Date: 9th March 2007

 

[Lahori paa jee]

Is Bob Woolmers death the kind of diversion that lahori was prediciting.

Come on now Bull. I rather expected a bomb blast or an assasination or another child molester


May i also add: We cannot rule out a possible attack on Iran in next few days

 

[Lahori paa jee]

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).