Council not neutral: ousted CJ

Questioning the credentials of the council set up to hear charges against him, suspended Pakistan Chief Justice Iftikar Muhammad Chaudhry has demanded its reconstitution saying he does not expect a fair inquiry.

Questioning the credentials of the council set up to hear charges against him, suspended Pakistan Chief Justice Iftikar Muhammad Chaudhry has demanded its reconstitution saying he does not expect a fair inquiry.

Appearing before the five-member Supreme Judicial Council headed by Justice Javed Iqbal, Chaudhry raised questions about the neutrality of its members, challenged their locus standi and also referred to charges against some of them.

He said the council’s order restraining him from working as Supreme Court Judge and Chief Justice of Pakistan was detrimental to his interest and against the interest of the institution.

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Chaudhry said Justice Iqbal’s appointment was contrary to provisions of the constitution and that he should not have taken the oath of office. Chaudhry also contended that if a reference was to be heard against the Chief Justice of Pakistan, the judge who is next in seniority should head the council but without being appointed acting Chief Justice.

“Justice Rana Bhagwan Das is admittedly the seniormost judge. Therefore, on account of his temporary absence from the country up to March 22, 2007 there was no urgency to convene the meeting of the SJC during the night hours, and by ensuring the presence of two chief justices by making arrangements for a special plane.”

Justice Das, the only Hindu Supreme Court judge in Pakistan, is expected to be appointed Acting Chief Justice when he returns fron a tour of India on March 22. Das is senior to Justice Iqbal.