BREAKING NEWS: The News reports that the President Pervez Musharraf has just filed a reference against the Chief Justice of Pakistan (CJP), Chaudhry Iftikhar Ahmed under section 209 and has replaced him with Justice Javed iqbal who has already taken oat as an acting Chief Justice of Pakistan, the oath was administered by Justice Abdul Hameed Dogar.
The President is claiming to have taken this action after numerous complaints received against the chief justice. He defends this action under the constitutional requirement. The official statement as published by Dawn said Musharraf acted “after receiving numerous complaints and serious allegations for misconduct, misuse of authority and actions prejudicial to the dignity of office of the Chief Justice of PakistanEarlier on the chief justice was called by the president and the prime minister and confronted with the allegations, in answer to which he could not give any satisfactory reply.
The Constitution of Pakistan was amended in 2002 by Pervaiz Musharraf just precisely to ensure he can fully control the CJP at any time, the clause that is being invoked against Iftikhar Ahmed is Article 209(5) (b) was amended by the Legal Framework Order 2002 (Chief Executive Order No. 24) in 2002
Article 209(5) reads: If, on information [from any source, the Council or (Ammendment 231A)] the President is of the opinion that a Judge of the Supreme Court or of a High Court,
(b) may have been guilty of misconduct, the President shall direct the Council to [, or the Council may, on its own motion,] (231B) inquire into the matter.
I have no idea if Justice Chaudhry Iftikhar Ahmed is guilty on any or all charges, but if it is only on the accusation of misuse of his position of Power then a lot many heads better start rolling, including the person illegally occupying the seat of the President for the past many years.
Rumors have been circulating that the letter written by Naeem Bokhari could very well be done in under a carefully orchestrated plan with the President, I could be utterly wrong and do no challenge the reputation of any person by posing this question, but it is surely a strange coincidence to have Musharraf react so quickly to Bokhari’s letter, had the Army intelligence gone to sleep that Musharraf had no clue was was going on with Chaudhry Iftikhar Ahmed’s son to warrant an immediate expulsion. Definitely something is fishy
The grapevine also reads that this is yet another ploy to delay elections, he intends to manipulate the present assembly to grant him yet another extension as he simply cannot depend on the new elections which had the inkling of an impending disaster for Musharraf if he goes through with it.
I await the public reaction to see what could be the motive behind all this. It is undoubtedly yet another sad day for Pakistan where even the judicial system is left at the whims of the all powerful Pakistani Martial Law
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I am not surprised on the reference filed against the ex Chief Justice.But God knows what happens to the honourable judiciary system now with this decision. Would we be able to see the historic decision like Pakistan Steel Mills in which the Government was teethed out. Wonder what happens to the fate of constructive Suo Moto notes and ban on Basant Festival. I am all with the decision of the President as a citizen because this all has brought a shame to the honourable court if he has really really favoured his son and misued his authority. But few questions wonder me…..
1.Why the judiciary not be influenced by the current wave and could it be expected to work as independently as was being done previously (off late).
2. Why the ex Chief Justice was not given time to explain his position.
3. Why it is being presumed that he has been sent home. He can fight his case and be reinstated.
4. All those who helped his son to spoil and ruin the competitive employment system (As learnt from Naeem Bukhari Letter) should be held accountable and must also be brought to justice.
5. If our courts are made independent, are we going to see the honourable judges behaving like this.
I feel extremely bad about this situation. It has tarnished our image both regionally and internationally. However, i pray justice prevails and the Supreme Judicial Council reports in a dignified manner(may it be on the Judiciary itself or the Government but the truth must prevail).
It has also come to light the next judge who would have taken office was in India and the new acting CJP has been promoted out of turn. Is this just a comedy of errors or has our President started play GOD.
I hope this is the beginning of the end for Musharraf, who’s beginning to act like a Pharoah.
This man has to be stopped before he screws up the country any further.
“Whom the gods destroy, they first make mad”
President should also fire his friends like NADRA chairman Salem Moin, who is involved in corruption.
Why did he not prosecute case against his friend ?
He should also initiate cases against all those people , who are involved in recent Sugar Scam.
This reflects law of Jungle, Mush wants to be a king of which. He should first give answer to the Nation what he has done with Dr. Qadeer? what happened to the missing people? And what is happening to the poor and less fortunate of this society?
All this General wants is to impose GHQ on the entire society – God knows when we will get rid of these corrupt people, one leaves and the other comes to rule over us.
Blieve me people, the day this Nation rise up to take revenge from these corrupt politicians – they will have no plase to hide.
May Allah bless us with a sincere, dedicated leader of the nation.
What are you basing this allegation on? I have not heard anything about Saleem Moin before. Is this based on your personal opinion or do you have proof of this? I think it is wrongly to raise fingers without any supporting evidence. Plus, from my observations NADRA seems to be one of the very few national institutions doing very well and performing admirably. The system of ID card issuance has really improved considerably. I believe NADRA was also involved in designing the new computerised passport.
Corruption charges don’t seem to be the only reason to kick the poor ex-CJP out. He’s not even involved in financial corruption unlike many of the politicians. I feel he has got himself into trouble because of his stand on the issue of missing people.
Well, the article 209 allows the president to send a reference to the Supreme Judicial Council but it does not allow him to suspend the Chief Justice (CJ) and CJ remains in office till the reference is heard by Supreme Judicial Council and its recommendations are sent to the president and he acts on those recommendations. This is the constitutional position but contrary to this CJ has been suspended, new acting CJ has been appointed and now reportedly CJ Iftikhar is being pressurised to resign instead of facing the Supreme Judicial Council.
As far as political dimensions are concerned, no doubt it is politically motivated step taken due to a number of reasons like
The qualifications case seeking disqualification of MMA legislatures is pending in Supreme Court. The disqualification of MMA members means dismemberment of the electoral college of the President, which Musharraf cannot afford because he want to re-elect himself president from the current assembly.
In near future, the matter of the presidents re-election for the current assemblies will be going before the Supreme Court and Musharraf cannot risk an unpredictable person heading the bench hearing this case.
The question of re-election of a general in uniform and question of current assemblys powers to approve Musharrafs continuation in uniform will also be going before the Supreme Court in days to come. Again Musharraf wants to safeguard his interests.
The CJ has been actively proceeding the case of missing persons, which seems to have annoyed the invisible powers that matter. It seems this has also annoyed the king. Besides issues like government complete disregard of Supreme Court ban on basant was to be taken up by Supreme Court and that would have created embarrassment for the Government.
The mother of all Scandals, Steel Mills privatisation was undone by Supreme Court. This left certain people licking their wounds and Government came to the conclusion that it has put a wrong person as CJ and it seems ever since they were planning to get rid of him.
I do not suggest that there were no weaknesses in CJ Iftikhar but again there are many judges in senior judiciary, who can be charged with misconduct, misuse of authority and actions prejudicial to the dignity of office. If his son was inducted in police service of Pakistan without appearing in CSS exam, who authorised his induction and who notified it. Will they be charged with misconduct and misuse of authority?
May Allah save Pakistan from this roudy dictator. Chief Justice has been victimized , what do we expact from a dectator like this. I hope this is a wakeup call for our nation. Let us save Pakistan.
I am in a state of shock. Just when I think things cannot get any worse, along comes another sixer from this sad excuse for a Govt. What are we going to do about this? Based on past experience, we will forget about it in the next few weeks, if not days. I feel really hopeless now about our country. There is no future for us if we have the General and his toadies in power.
Need to get in touch with you regarding thoughts on the silent/forceful/peaceful protest you and Ramla are envisaging. Have couple of ideas to take it further.
My post on Ramla’s blog is https://www2.blogger.com/comment.g?blogID=8595288&postID=1283459391511862362
The removal of CJP is one of the worst examples of governance in the history of Pakistan. The charges leveled against him are not more than a very badly done comedy. What if he asked for protocol and used chopper couple of times? He is the Chief Justice of Pakistan, not a watchman standing at the gates of Naeem Bokharis residence! If former dictator Zia’s shoes can come on F-16 from Islamabad, while he was in Bahawalpur, and cost Pakistan more than 600,000 rupees, it is therefore shame on the purloining bureaucracy, insatiable military and the burping politicians that they are treating the CJP of less value than that of the dictators shoes!!! The President has done a real damage. I cant believe it! Before this, it was believed that the President was trying to put things right, but after this act – which is said to be taken on the advice of more than a corporate than peoples Prime Minister – justice becomes an extinct specie for citizens of Pakistan. The “hoodwinking” information minister and the “abusive” law minister of this government term the removal of CJP very much constitutional, according to their “paid-for interpretationThey are right and according to their interpretation, the Lootmaar of the sugar mafia, the Gawadar allottees, the petrol tycoons, the rotten advocates of 300 Mercedes cars import, the stock-exchange money-minters, the steel-mill gang, the secret-agencies underworld, the Basant racket, the “Long-Live-Uniform team is also constitutional!!! God save us from such Constitutional Steps!!!
I would like to inform all the country peoples that now time has arrived when this disgusting Mushraf will try to run America to save his soul so this is my humble request to all of you please for the sake of Allah dont allow him for this act even any of his companion so he had to face what had he sow .
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Over the years,I have been bemused by our elite (politicians,judiciary and media) in the frequent use of Latin phrases such as suo moto, malafides,locus standai and so forth to the extent that I have listened to these ad nauseum (forgve me for following the crowd).In my 40 years,I have lived in London,with some connection to the bar and bench here,I have hardly ever heard the use of these expressions by the legal fraternity.I am pretty sure most of these people have never studied Latin and probably use these expressions out of context.I am sad to say,whilst used with a view to impress,in fact law in Pakistan is a 'mickymouse' institution as shown to the world at large by the chief justice fiasco.We should take a chapter from the judiciary of our neighbouring country.
Mark this day in the History of Pakistan. Today, Full Bench of Supreme Court announced that the Reference filed by President of Pakistan is REJECTED. Chief Justice of Pakistan is restored to his original position with all rights. This is a NEW DAY for a NEW PAKISTAN.
Now, people of Pakistan may dream about a better Pakistan and get rid of Army Rulers.
CJ Case: Was it a really Historic Decision or are we not looking on the other side of the picture?
read details here at:
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