Alleged misuse of power: Lahore bar body files reference against CJ, senior SC judges
Says court registrar is bound by Constitution to present the reference before SJC.
Chief Justice Iftikhar Mohammad Chaudhry. PHOTO: FILE
LAHORE:
The Lahore High Court Bar Association (LHCBA) has filed a reference against Chief Justice Iftikhar Mohammad Chaudhry and his three fellow judges in the Supreme Court.
The reference has been sent to the Supreme Court registrar under Section 5, Article 209 of the Constitution, said LHCBA office-bearers, including its president Abid Saqi, at an emergency news conference in Lahore on Friday.
In the reference, they allege that the chief justice and Justices Jawwad S Khawaja, Sheikh Azmat Saeed and Khilji Arif Hussain have violated constitutional norms and misused the contempt of court law.
Saqi added that the LHCBA had made up its mind after the judges changed the presidential election schedule. He alleged that these judges used the law for ‘their own benefit’. Saqi also accused the four judges of misusing their powers in the Arsalan Iftikhar case.
Replying to a question, Saqi said the Supreme Court registrar was legally bound by the Constitution to present the reference before the Supreme Judicial Council. He added that under Section 5 of Article 209, any citizen can send a reference to the SJC.
Saqi said that although the Constitution prescribes no deadline for the hearing of the reference, it does make it binding for the SJC to conduct a hearing in this regard.
Asked whether the LHCBA was playing in the hands of any political party, Saqi – who is said to be associated with the Pakistan Peoples Party – admitted “like every citizen, we too have a political agenda”.
He said the bar association played the role of a watchdog by pinpointing the judges’ mistakes. “Lawyers want the courts to do their work in accordance with the law and the Constitution.”
Published in The Express Tribune, October 12th, 2013.
The Lahore High Court Bar Association (LHCBA) has filed a reference against Chief Justice Iftikhar Mohammad Chaudhry and his three fellow judges in the Supreme Court.
The reference has been sent to the Supreme Court registrar under Section 5, Article 209 of the Constitution, said LHCBA office-bearers, including its president Abid Saqi, at an emergency news conference in Lahore on Friday.
In the reference, they allege that the chief justice and Justices Jawwad S Khawaja, Sheikh Azmat Saeed and Khilji Arif Hussain have violated constitutional norms and misused the contempt of court law.
Saqi added that the LHCBA had made up its mind after the judges changed the presidential election schedule. He alleged that these judges used the law for ‘their own benefit’. Saqi also accused the four judges of misusing their powers in the Arsalan Iftikhar case.
Replying to a question, Saqi said the Supreme Court registrar was legally bound by the Constitution to present the reference before the Supreme Judicial Council. He added that under Section 5 of Article 209, any citizen can send a reference to the SJC.
Saqi said that although the Constitution prescribes no deadline for the hearing of the reference, it does make it binding for the SJC to conduct a hearing in this regard.
Asked whether the LHCBA was playing in the hands of any political party, Saqi – who is said to be associated with the Pakistan Peoples Party – admitted “like every citizen, we too have a political agenda”.
He said the bar association played the role of a watchdog by pinpointing the judges’ mistakes. “Lawyers want the courts to do their work in accordance with the law and the Constitution.”
Published in The Express Tribune, October 12th, 2013.