‘Illegal gains’: Lawyer files writ petition against former CJP
Accuses Iftikhar Chaudhry of misusing judicial body
ISLAMABAD:
A lawyer has filed a writ petition in the country’s top court against a former chief justice for allegedly misusing a judicial body during his tenure for personal gain.
Advocate Riaz Hanif Rahi filed an appeal in the Supreme Court against the Islamabad High Court’s rejection of his petition for declaring the National Judicial (Policy Making) Committee Ordinance 2002 void and the 2013 general elections illegal because according to him, the polls were held under a flawed electoral system.
The petitioner claimed that being the then chairman of the policy making committee, former CJP Iftikhar Muhammad Chaudhry had misused the judicial body for his political and personal interests.
“The former CJP had summoned the meeting of the committee in November 2012 regarding the upcoming general elections, and he bypassed the Election Commission of Pakistan to issue relevant directives and guidelines,” reads Rahi’s petition.
He accused Chaudhry of contributing to alleged rigging in the 2013 general elections. The federal government, the Law & Justice Commission of Pakistan, the secretary of the NJPMC, the deputy registrar of the IHC, Pakistan Tehreek-e-Insaf Chairman Imran Khan, former LJCP chairman Chaudhry and the ECP have been mentioned as respondents in the petition.
Quoting Article 207 of the Constitution – which states that judges are not to hold any office of profit – Rahi said judges lose immunity by retaining sub-constitutional positions under the NJPMC Ordinance 2002. His petition claimed that sections 3 and 4 of the ordinance discourage trichotomy of powers.
The petitioner said the 2013 general elections under the said ordinance curtailed the independence of the country’s top polling supervisory body, as well as the independence of the apex court judges, as they held their offices, which is also a violation of the code of conduct devised by the Supreme Judicial Council. Determination of judges would also be hindered if they also deliver the policy, he added.
Last month, the IHC had not only rejected the petition on the grounds that Rahi was not the aggrieved party but the bench had also imposed a fine on the “frivolous” petition that according to the judges did nothing but waste the court’s time.
Published in The Express Tribune, December 20th, 2015.
A lawyer has filed a writ petition in the country’s top court against a former chief justice for allegedly misusing a judicial body during his tenure for personal gain.
Advocate Riaz Hanif Rahi filed an appeal in the Supreme Court against the Islamabad High Court’s rejection of his petition for declaring the National Judicial (Policy Making) Committee Ordinance 2002 void and the 2013 general elections illegal because according to him, the polls were held under a flawed electoral system.
The petitioner claimed that being the then chairman of the policy making committee, former CJP Iftikhar Muhammad Chaudhry had misused the judicial body for his political and personal interests.
“The former CJP had summoned the meeting of the committee in November 2012 regarding the upcoming general elections, and he bypassed the Election Commission of Pakistan to issue relevant directives and guidelines,” reads Rahi’s petition.
He accused Chaudhry of contributing to alleged rigging in the 2013 general elections. The federal government, the Law & Justice Commission of Pakistan, the secretary of the NJPMC, the deputy registrar of the IHC, Pakistan Tehreek-e-Insaf Chairman Imran Khan, former LJCP chairman Chaudhry and the ECP have been mentioned as respondents in the petition.
Quoting Article 207 of the Constitution – which states that judges are not to hold any office of profit – Rahi said judges lose immunity by retaining sub-constitutional positions under the NJPMC Ordinance 2002. His petition claimed that sections 3 and 4 of the ordinance discourage trichotomy of powers.
The petitioner said the 2013 general elections under the said ordinance curtailed the independence of the country’s top polling supervisory body, as well as the independence of the apex court judges, as they held their offices, which is also a violation of the code of conduct devised by the Supreme Judicial Council. Determination of judges would also be hindered if they also deliver the policy, he added.
Last month, the IHC had not only rejected the petition on the grounds that Rahi was not the aggrieved party but the bench had also imposed a fine on the “frivolous” petition that according to the judges did nothing but waste the court’s time.
Published in The Express Tribune, December 20th, 2015.