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Saturday, October 12, 2013
LHCBA files reference against CJP, three other SC judgesStaff Report
LAHORE: The Lahore High Court Bar Association has filed a reference against four Supreme Court judges – Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja, Justice Khilji Arif and Justice Sheikh Azmat Saeed.
The bar has requested to Supreme Judicial Council to initiate appropriate proceedings against the four senior judges for misconduct and called for their removal as judges of the Supreme Court. The LHCBA accused these judges of, a) “Blatantly, by design and on purpose, transgressing and mis-using their judicial authority and power; b) by design and for ulterior motives, usurping the authority, powers and territory of other constitutional offices and making them redundant in violation of the scheme of the constitution; c) Indiscriminate and biased use of so-called suo motu powers under Article 184 (3) of the constitution by Mr Justice Iftikhar Muhammad Chaudhry, the chief justice; and d) Violating the Code of Conduct in particular by Mr Justice Iftikhar Muhammad Chaudhry, the Chief Justice.”
Addressing a press conference on Friday with other office-bearers, LHCBA President Abid Saqi said that the bar sent a 384-page document along with a 30-page reference to the Supreme Court registrar under Article 209 of the constitution. He said that the registrar was legally bound to present this reference before the Supreme Judicial Council under the constitution. He said that under Section 5 of Article 209 any citizen could send the reference. He said that there was no deadline in the constitution regarding hearing of the reference, however, the SJC was bound to conduct the hearing.
Saqi said when the SJC starts proceedings on the reference, he would advance arguments. He alleged that these four Supreme Court judges had been using the laws for their own personal benefits and the Supreme Court was no longer a court but had become a political field and judges were using it to snub their opponents. He alleged that these judges had even misused their powers in Arsalan Iftikhar case. The LHCBA had on July 30 adopted a resolution demanding action against Supreme Court’s three judges – Chief Justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja and Justice Sh Azmat Saeed.
The LHCBA general house denuded the president of Pakistan to file a reference against all three members of the bench to the Supreme Judicial Council over change of the election schedule which, according to the bar, was not in the domain of the apex court. On August 6 the bar had constituted a six-member draft committee to finalise the reference. The members of the committee were Dr Khalid Ranjha, Senator Kazim Khan, Waqar Hassan Mir, Shukat Umar Pirzada, Saiful Malook and Mirza Nasar Ahmad. On August 12 Waqar Hasan Mir sent a letter to the LHCBA executive committee asking it to remove his name from the committee.
Courtesy www.dailytimes.com.pk