Pakistan Court Suspends Top Judge Case

The ruling was seen as a victory for independent-minded Chaudry in his showdown with Musharraf. (IOL photo)

"This is the vindication of our point of view on the composition of the Supreme Judicial Council (SJC)," Aitizaz Ahsan, the top judge's lead defense counsel, told IslamOnline.net.

A five-member bench of the Supreme Court ruled in favor of a petition by Chaudry challenging his suspension by President Pervez Musharraf and the competency of the SJC, a panel of five senior judges.

It recommended to acting Chief Justice Rana Bhagnwan Das to form a larger bench of the apex court to hear the presidential reference against the suspended top judge.

Aitizaz insisted the entire proceedings of the SJC were unconstitutional.

"From the very first day, we had been pleading before the Supreme Court that the constitution of the SJC was illegal. And the court's order has vindicated our stance."

Musharraf suspended the top judge on March 9 on charges of corruption and misconduct but the legal community and opposition saw the move as an attack on the independence of the judiciary.

Chaudhry attracted tens of thousands of supporters on a weekend trip to Lahore, the capital of Punjab, the country's richest and most populous province, where he told a big rally states that ignored the rule of law and basic rights faced destruction.

The crisis has blown up into the most serious threat to the eight-year rule of Musharraf, an army general who seized power in a bloodless coup in 1999.

Victory  

The Pakistan Bar Council, the Punjab High Court Bar Association and other lawyers associations plan to celebrate a "success day."

"This is the victory of our struggle," Ahmed Owais, a former president of the Supreme Court Bar Association, told IOL.

"We had been pointing out that the three members of the SJC were prejudice, therefore they should not sit in the council," he recalled.

Chaudry had objected to the presence of Justice Javed Iqbal, Justice Abdul Hameed Dogar and Justice Iftikhar Ahmad, who according to him, harbored bias against him.

He noted that references of misconduct and corruption are pending in the SCJ against Justice Dogar, and Justice Ahmad.

However, government lawyers refused to recognize the new ruling as a defeat.

"This is an interim order. We have no objection on that," Malik Abdul Qayyum, a retired Lahore High Court judge and one of the counsels representing the government in the case, told IOL.

"Whenever the larger bench is constituted, the first issue to be discussed there will be this interim order. The larger bench will decide whether this interim order should stay or not," he added.

Qayyum argued the government has no objection on the constitution of the larger bench and it has never opposed that.

"The SJC comprised the judges, and the larger bench too consists of judges. We have no objection on both."

Asked whether he was happy with the decision, he said: " I am not unhappy."

Balanced  

"I am happy that the Supreme Court has taken this decision, which is in accordance with the constitution," former law minister Haider told IOL.

Iqbal Haider, a former law minister, said the Supreme Court's order falls in line with the constitution and the judicial practice.

"This is not the defeat or victory of anyone. This is a normal judicial practice that if the composition of any tribunal is challenged within the purview of law, then the entire proceedings of that tribunal is considered null and void," he told IOL.

"Therefore, in my opinion, it is a natural consequence, and rightly done.

"I am happy that the Supreme Court has taken this decision, which is in accordance with the constitution," said the former minister.

Iftikhar Javed Qazi, President Karachi Bar Association, agreed.

"This is a balanced decision. This is in favor of the chief justice and the government simultaneously," he told IOL.

"The government had prayed for constitution of a larger bench to hear the chief justice's counter petitions against it, which has been accepted by the court.

"While, the chief justice had challenged the composition of the SJC, which has been granted too," he maintained.

"Therefore, it is a balanced decision and nobody should be happy or angry with that."

Qazi believes that the only benefit the suspended chief justice has following the new order will be the open trial of reference against him.

"Earlier, the judicial council was supposed to try him in-camera. Now, the trial will be open."

Critics accuse Musharraf of sacking independent-minded Chaudhry to weaken the judiciary and make it easier for him to remain in charge of the army after 2007, when he should give up the position.

Musharraf is also expected to seek re-election by the outgoing parliament for another five years ahead of national polls due to be held late this year or in early 2008 -- a move that could spark other legal challenges.