Text of Reference Filed Against the CJP
Filed Under (Pakistan) by Teeth Maestro on March-21-2007

Start Quote
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

End quote

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Comments
Azmat on March 21st, 2007 at 3:58 pm #

Going by these charges, don’t you feel that most in the Pakistani establishment would merit death penalty, at least 20 times over!
This is a joke and nose-drubbing insult on the entire nation!

Umar on March 22nd, 2007 at 12:12 am #

This is a joke and nothing else.

Lawless in Pakistan on March 22nd, 2007 at 1:52 am #

[...] suspended the Chief Justice of the Supreme Court of Pakistan, Iftikhar Muhammad Chaudhry, on vague corruption charges. Since then, daily riots and protests have broken out in major cities; the goverment has tried to [...]

Anwar on March 22nd, 2007 at 2:22 am #

Why the judge was not reprimanded at the time he committed excesses? Much of what is in this Text of Reference is a sample of the perks enjoyed by power elite.
This was Musharaf’s misstep and perhaps begining of his end.
I however feel that he will survive.

MB on March 22nd, 2007 at 12:26 pm #

CJ given raw deal over misuse of official cars

http://thenews.com.pk/top_story_detail.asp?Id=6658

By Ansar Abbasi

ISLAMABAD: Misuse of staff cars has become a norm with every Tom, Dick and Harry, violating the rules without any fear of being penalised. However, the same violation has become a ‘crime’ in the case of the chief justice of Pakistan.

Several ministers, bureaucrats—both military and civil—and even the office-bearers of the ruling Pakistan Muslim League have been found misusing official vehicles during the present regime, but no one is penalised, although the National Accountability Bureau (NAB) has filed references against ex-ministers for the same act.

As earlier reported by this newspaper, Pakistan Muslim League President and former interim prime minister Chaudhry Shujaat Hussain has been using a brand new state-owned fabulous bulletproof Mercedes Benz despite not being authorised under the law. The Mercedes that was provided to him in early 2004 was returned to the government in the middle of last year.

Although federal ministers are allowed only one 1600cc staff car but there are several ministers having more than one official vehicle. There are a few, including Minister for Railways Sheikh Rashid and Minister for Political Affairs Amir Muqam, who have been provided with bulletproof Mercedes jeeps. These ministers, the government sources claimed, have been provided with these VVIP jeeps for their protection.

Under the law, the Mercedes could only be officially provided to the president, the prime minister, governors and chief ministers whereas in a special case the Senate chairman and National Assembly speaker have also been allowed to use Mercedes Benz though not the protected ones.

Even under the law, federal ministers and ministers of state are to be provided 1600 locally manufactured cars. There is no provision in the law or rules under which a political leader not holding public office could be given even an ordinary official car what to talk of protected Mercedes Benz.

There is one federal minister—Zobaida Jalal—who had officially admitted that she and her staff are enjoying the use of four official vehicles instead of one. “The numbers of vehicles being used by me and the staff are only four and not five. Vehicle No: 8066 NCSW (National Council for Social Welfare) was returned the day Rais Jehangir (NCSW chairman) joined. Please correct your records,” Jalal wrote to the then secretary social welfare and special education, who on January 1, 2005, put the matter before the minister for her “eyes only”.

The documents showed that car No LXL-5039 was used by the minister as against her entitlement. Besides this vehicle, the minister was informed that she was also using IDG 5044 and IDB 8066, clearly bracketing them, among “non-entitled”. Two other cars IDB-8067 and IDC-6345, the minister was told, were used by the non-entitled staff of the minister—her PS and SO respectively.

Another file of the ministry speaks of misuse of official vehicle by the ministry’s Parliamentary Secretary Rifaat Amjad, who initially wanted reimbursement of extra fuel consumed but later withdrew her demand when told that she was not allowed this.

File No Dy 768/2005-DA (Admn) reveals a Feb 2005 controversy over the parliamentary secretary’s repeated tours to her hometown – Faisalabad—during holidays and weekends on official vehicles and seeking reimbursement of fuel charges well above her ceiling. The ministry’s bureaucracy clearly wrote that it was a violation of rules and the policy.

When the file was put before the minister, she wrote, “I authorise the P secretary to make tours and visit centres/schools and put up reports on her finding. The fuel on these official visits may be paid by the ministry.” But the minister was told that most of the visits were during holidays when the offices and schools were closed. Moreover, the minister was informed that there was not even one special education school at Faisalabad.

“We have all the respect for the parliamentary secretary and the minister but as principal accounting officer, I have the onerous responsibility to bring the government rules and regulations to the kind attention of the worthy minister, as public money is involved,” the minister was told by the then secretary.

Later in April, the parliamentary secretary, according to the documents, visited the secretary special education and assured her that she did not intend to insist on reimbursement on account of petrol and she would be quite happy if she was ensured supply of her legitimate POL every month. The minister was told of this development in writing. She signed without offering any comment.

An internal circular No F3 (64)-G.II/2001 of the Finance Ministry issued on October 16, 2001, showed that eight vehicles were being used by the then finance minister and his staff; two each by the then secretary general finance and the then secretary finance. Additionally, some of the non-entitled officers were also provided official vehicles.

The circular said that the finance minister used IDF-8223, IDG-1108 and IDG-1183 (as a standby car). His staff, though not authorised, was provided IDC-1861. Special assistant to finance minister/joint secretary was using ABS-296. Joint secretary coordination in the finance minister office, again without authorisation, was using IDF-8553. Adviser to finance minister was using GA-0585 and director general publicity in finance minister’s office uses HR-496. The secretary general, a re-employed official, was using IDJ-8731, IDE-3434 (standby) while his staff was assigned, without authorisation, GP-7015. The finance secretary was using IDJ-8735 while another vehicle on general duty was assigned to take care of the needs of his family. His staff also uses GP-6151.

The joint secretaries who were provided with vehicles without any legal authorisation included the then JS (budget) IDF-5041, JS (EF) IDF-3980, JS/director (BC) IDF-9524 and JS (IF) IDE-5128. Under the rules only one staff car is provided to a minister and bureaucrats in BS 21 and 22.

Interestingly, the Cabinet Division has been issuing repeated reminders to all concerned, observing that the misuse of official transport for private/unofficial purposes in government departments and autonomous organisations is a common feature. Families, children, relatives and friends of unauthorised officials are often seen misusing official vehicles for visits to market places, education institutions, entertainment and sports facilities and for social calls.

This violation, however, continues unabated even though NAB has got convicted some ex-politicians and former Balochistan ministers, like Mir Mohammad Ali Rind, Sardar Abdul Rehman Khitran and Haji Behram Khan Achakzai for misusing the government vehicles. The former National Assembly speaker, Syed Yusaf Raza Gilani, was also facing a reference for misusing official vehicles.

MB on March 24th, 2007 at 11:15 am #

From Daily DAWN

“I am innocent, want open trial: Justice Iftikhar”
By Shehar Bano Khan

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.

YR on March 24th, 2007 at 6:04 pm #

Yes! The looks of this document, I do feel that the CJ should be punished, but so should all of the other politicians.

Even though the CJ might have deserved what’s been delivered to him the way it was delivered is condemnable. This action and so many other before this simply points out one thing, “Like all military dictators, in our history, MR. PRESIDENT also thinks of him self as being indispensable for his beloved country being the man of wisdom who doesn’t have to consult any one before he makes a decision and having the military ”

A.Zeb on March 24th, 2007 at 9:36 pm #

Generals are behaving as if they have conquared Pakistan and peoples are their slaves. They do not belive in constitution or law of land. Now the nation must say no more general

A.MOQUIT on March 24th, 2007 at 11:52 pm #

This is a fight between two Groups of believers. I will only wait for the result. I am only interested in my own work.

MB on March 25th, 2007 at 12:10 pm #

Who politicised the CJ issue?
http://thenews.com.pk/daily_detail.asp?id=48253

President Pervez Musharraf’s remarks on the occasion of the Pakistan Day parade in Islamabad asking lawyers in the country not to “politicise” the matter merit some comment. The president said that the whole matter concerning the “suspension” of the chief justice of Pakistan was a constitutional and legal one and the lawyers should leave it to the Supreme Judicial Council to adjudicate on the presidential reference filed before it. He also said that the legal community should avoid creating a law and order situation out of the whole episode. On the face of it, one would in fact wholeheartedly agree with what the president is saying — the matter is a legal and constitutional one and should be left to the appropriate decision-making body to decide upon. Also, anyone who creates a law and order situation out of the chief justice’s “suspension” does not have a strong moral ground to stand on.

However, the fact of the matter also is that the government for several days violated the Constitution itself. It first released a press release saying Justice Iftikhar Chaudhry was summoned to the president’s camp office in Rawalpindi, though this was later changed to the president seeing the chief justice at the latter’s request who wanted to discuss an unrelated matter. On the same day that this all happened, March 9 that is, the government appointed an acting chief justice who took oath at around the same time that the chief justice was still at the president’s camp office. And when the CJ wanted to go to his office in the Supreme Court building, he was stopped from doing so by the police. He was then escorted to his official residence where he was virtually kept under house arrest for several days. He was not allowed to meet anyone or venture out of his house. Visitors were barred from going into his home and his communication with the outside world — landline phones, mobile phones, television and newspapers — was cut. Even his children were not allowed to go to their schools.

All this went on while lawyers protesting peacefully were pounced upon by baton charge-happy policemen in Lahore and some other cities. A media clampdown followed, with a free-for-all attack by police personnel on the offices of Geo TV and this newspaper in Islamabad. Side-by-side, with the restrictions on the chief justice and his family widely being reported in the print and electronic media on a daily basis (often on the basis of eyewitness accounts by people who wanted to visit him and were being denied), government spokesmen kept on insisting that everything was fine and that the CJ was a free man. It took a categorical statement by the Supreme Judicial Council to reiterate that Justice Iftikhar was a free man before the restrictions on his movement were eased. Also, when it was repeatedly pointed out by legal experts and editorial commentators that while the president did have the power to file a presidential reference against the chief justice but he did not have any authority to suspend him, the government then changed the reason for his being made “non-functional” saying that he had in fact been sent on “forced leave”.

The lawyers — to whom the president was addressing his remarks — only exercised their democratic right to register a peaceful protest, but even this was severely curtailed by the Punjab government (by imposition of section 144) which seemed more interested in kowtowing to the Centre on this issue than in maintaining some semblance of neutrality. Not only this, the chief minister of another province also got into the act, holding even a press conference where he commented freely on the conduct, or lack thereof, of Justice Iftikhar. All this happened while the media, the political opposition and civil society in general were asked to refrain from commenting on what had now become a subjudice matter. So the question one would actually like to ask is: who politicized the whole CJ’s “suspension” (and now forced leave) matter? Surely, it wasn’t the lawyers alone who did this. The government for its part is guilty of acting in a generally ham-handed fashion in this as well — till it realised that public disapproval of its actions was widespread and cut across ethnic, provincial and political (even the PML-Q was generally subdued) lines.

m. idrees on March 25th, 2007 at 3:50 pm #

upon going charg sheet or refrence it is shameful
tht highest office of judicial is misused and justified by saying tht others had committed crimes why cannot chief justice son. its ridiculous to claim tht other ministers done crimes why cannot chief justice son.highest office judiciary and common or political persons does so many things but niether justified,as wrong is wrong.crime is crime.if mr.justice is right let the legal process takes course to decide the fate of mr.justice.till such time
legal community should wait the outcome.and to
politicalised proceedings.

MB on March 30th, 2007 at 10:30 pm #

M. Idrees :
You need some serious check in your assessment of others view:

No one is saying that if A is corrupt let B do the wrong too. What everyone is saying is if A B C D all are corrupt till Y then why only Z is being punished , that too when his crime is lesser in degree.

He definitely needs to be punished if found guilty but why others are spared ?

Got the point ?

uzair on June 9th, 2007 at 3:02 am #

these all are facts and in my point of view no one but president of pakistan is exactly what the country needs and CJP is a corrupt man and in the light of all these cicumstances CJP should be treaty more badly and should kept in prison so this issue should not be politicised by some they are taken by soft hands untill now but in my point of view he(CJP) should be urrested or take some hard steps to stop him(Cjp) so he should not get the support of anti government forces and he should be treated as the war prisnoers

Behind the Chairman’s Door » Blog Archive » Paul Wolfowitz Would Be Welcomed in Pakistan on October 22nd, 2007 at 1:53 pm #

[...] let’s turn back to Pakistan and the Chief Justice. In the reference put forward to the Supreme Judicial Council of the Supreme Court, the President of Pakistan has [...]

Attaizrix on November 2nd, 2008 at 11:20 am #

Emm.. Do you understand my purple vegetation I have a good fresh joke for you! What do cats like to eat for breakfast? Mice Krispies.

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