Presidential reference hearing against ex-Pak CJ deferred to May 9

The Supreme Judicial Council (SJC) in Pakistan has said that it will hear the presidential reference against suspended Chief Justice Iftikhar Muhammad Chaudhry on May 9, after the latter challenged the governments move forconstituting a full court for the hearing the constitutional petition filed by him.

Islamabad, May 4 : The Supreme Judicial Council (SJC) in Pakistan has said that it will hear the presidential reference against suspended Chief Justice Iftikhar Muhammad Chaudhry on May 9, after the latter challenged the government's move forconstituting a full court for the hearing the constitutional petition filed by him.

"The application of the respondent is malicious and is an attempt to prolong the hearing of the aforesaid petition, malign the exercise of power by the acting chief justice. It is inconsistent with the earlier stand of the respondent and hence liable to be dismissed and disregarded," Chaudhry prayed in his application.

Chaudhry's counsel maintained in his reply that distinction among the judges of the Supreme Court cannot be made.

"There is no distinction in a regular and an ad hoc judge of the Supreme Court in terms of judicial powers. Both hold constitutional offices and could neither be criticised nor considered less powerful than the other," The News quoted the counsel, as saying on Thursday.

On April 28, Acting Chief Justice Rana Bhagwandas had constituted a five-member larger bench, comprising Justice M Javed Buttar, Justice Nasir-ul-Mulk, Justice Raja Mohammad Fayyaz, Justice Choudhry Muhammad Ijaz and Justice Hamid Ali Mirza, for hearing the constitutional petition filed by the non-functional chief justice.

The bench was constituted with the exclusion of all those senior judges against whom the lawyers of Justice Iftikhar had levelled allegations of bias or they were the beneficiary in case the CJP is removed.

The government filed a petition in the Supreme Court on Wednesday, seeking the full court hearing of the chief justice's petition. Online adds: The petitioner submitted the application under Rule 6 of Order No 33 that the constitutional petition filed by chief justice be heard on day-to-day basis from April 30.

In reply to this petition, the counsel for the referring authority filed an application in the SC that their senior lawyers were not available, therefore, the hearing be adjourned till May, 7. The government had acknowledged on April 27 that the acting chief justice had the authority to set up any bench.

The government taking a U-turn on May 2 had raised objections on larger bench, which were not correct constitutionally, petition says.The acting chief justice should take note of it that the counsels of the referring authority wanted adjournment in the matter so that the petition could not be decided earlier.

This petition also demonstrates no trust in the acting chief justice, the application adds.The acting chief justice was requested to dismiss the constitutional petition filed on May 2 by the referring authority in the light of aforesaid arguments.

Meanwhile, the lawyers of the federation, Malik Qayyum and Maqbool Elahi, on Thursday filed two separate petitions, seeking constitution of the full court for hearing of the presidential reference.

They pleaded that despite the five senior judges - justice Khalil Ramday, justice Muhammad Nawaz Abbasi, justice Falak Sher, Justice Faqir Muhammad and justice Mian Shakirullah Jan - a larger bench under the head of a junior judge Javed Buttar was constituted, which was objectionable. They also objected that the senior judges, Syed Sayeed Ashhad and Tasaduq Hussain Gillani were ignored while forming the larger bench.

The petitioners have also objected over justice Hamid Ali Mirza, stating that he was on ad hoc judge and his appointment had been challenged in the Supreme Court, therefore, he was not eligible to be included in the bench. The petitions were filed through advocate on record Chaudhry Akhtar. (ANI with inputs)

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