Iftikhar Chaudhry reinstated as Pakistan Supreme Court Chief Justice(Lead: Pak SC

In a hiostoric decision, reversing years of judicial compliance to the executive, a 13-member full bench of the apex court Friday declared the March 9 suspension order on Chief Justice Iftikhar Muhammad Chaudhry as unconstitutional and restored his designation to him.

Islamabad, July 20 : In a hiostoric decision, reversing years of judicial compliance to the executive, a 13-member full bench of the apex court Friday declared the March 9 suspension order on Chief Justice Iftikhar Muhammad Chaudhry as unconstitutional and restored his designation to him.

The Supreme Court decision came during the hearing of an appeal by Chaudhry against his suspension by President Gen. Pervez Musharraf.

Chaudhry had challenged Musharraf's decision to suspend him on charges of misusing his office and to have a judicial panel investigate him for alleged misconduct, a move that triggered political and legal turmoil across the country.

Chaudhry's lead counsel, Aitzaz Ahsan, had filed a petition against the presidential reference under article 184-III of the Constitution.

Earlier in the day, the "make or break" verdict was billed as the "mother of all cases" in the history of Pakistan's judiciary, often blamed for playing second fiddle to successive military regimes.

Sources then said that the full bench of the apex court was expected to define the powers of the Army-backed President and judiciary.

The court was also likely to give its views on whether the Presidential orders against Chaudhry can come under judicial scrutiny as he was bestowed with Constitutional immunity and whether the Chief Justice could be removed unceremoniously without notice.

It was also expected to rule on whether the five-judge Supreme Judicial Council (SJC), which was looking into charges against him, had powers to conduct the proceedings.

Chaudhry's suspension also led to the lone Hindu judge of the apex court, Rana Bhagwan Das, becoming the Acting Chief Justice (ACJ). Das became the first Hindu judge to have risen to the highest judicial post in the Islamic State.

The 13-member bench appointed by Das concluded the two-month hearing in the case, which was often marred by acrimonious arguments between the prosecution and lawyers of Chaudhry who charged that Musharraf's action in filing a reference against the judge was done with mala-fide intention.

Ahsan is also said to have appealed to the apex court not to give a split verdict, saying that it would damage administrative functioning in Pakistan irretrievably.

Ahsan had on Thursday described the March 9 presidential reference as the "mother of all evils", and urged the Supreme Court to dispense with it on its own, adding if it was referred to the Supreme Judicial Council (SJC), he would call the president, prime minister and heads of the intelligence agencies in the dock.

He contended that the Chief Justice is the senior most judge, and junior judges can never be senior to chief justice nor can they be his senior associates.

"There can be no substitute for the CJP (Chief Justice of Pakistan). If the CJP refuses to sit in the council, even then, a senior judge can not qualify to become chief justice. The SJC (Supreme Judicial Council) has not been composed in right way. Chief Justice will compulsorily be member of SJC.

Justice Nasir ul Malik said let the court know if CJP is accountable or not as per article 209 (5). Aitzaz Ahsan if it is accepted Chief Justice (CJ) is included in a judge then the CJ can not be removed.

Ahsan argued if the issue is not resolved under article 209 then it can be resolved through full court. All the incumbent judges who are willing to hear the case will sit in the bench.

Justice Khokhar observed judicial powers only rest with the judiciary.

He pleaded that the Supreme Court should do away with a reference that was authored by the intelligence agencies.

On Friday, Aitzaz Ahsan completed his arguments during the hearin after which head of a 13-member full court bench of Supreme Court Justice Khalilur Rahman Ramday announced the brief verdict.

On this occasion, special security arrangements were made outside the Supreme Court by posting heavy contingents of police.

The 13-member full court headed by Justice Khalilur Rahman Ramday, comprising of Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokhar, Justice Mian Shakirullah Jan, Justice M Javed Buttar, Justice Tassadduq Hussain Jillani, Justice Saiyed Saeed Ashhad, Justice Nasirul Mulk, Justice Raja Fayyaz Ahmed, Justice Ch Ijaz Ahmed, Justice Syed Jamshed Ali, Justice Hamid Ali Mirza and Justice Ghulam Rabbani. (Update to follow

ANI