PTI
Islamabad, Mar 14: Challenging the credentials of the council set up to go into charges against him, suspended Pakistan Chief Justice Iftikar Muhammad Chaudhry has demanded its reconstitution as he does not expect a fair inquiry.
Appearing before the five-member Supreme Judicial Council headed by Justice Javed Iqbal, Justice Chaudhry made a statement in which he has raised questions about the neutrality of its members, challenged their locus standi and also referred to charges against some of them.
"I do not want to seek any relief from the council in that an unconstitutional order of March 9, 2007 passed by the council has persuaded me to show distrust on the formation of the council because of the manner in which I have been dealt with.
"I do not expect a fair inquiry particularly for the following reasons with reference to the chairman and two other members," he said and listed his complaints against 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.
The suspended judge maintained that these powers were not able to a fact-finding body like the council and were available only to courts under the constitution.
Justice Chaudhry said Justice Javed Iqbal was appointed acting Chief Justice contrary to provisions of the constitution and felt he should not have taken oath of office notwithstanding the notification appointing him.
He also contended that under the constitution if a reference was to be heard against the Chief Justice of Pakistan, the judge who is next in seniority would head the council but without being appointed as acting Chief Justice.
"Justice Rana Bhagwan Das is admittedly the senior most 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/after office hours and by ensuring the presence of two chief justices by making arrangements by a special plane."
About Justice Hameed Dogar, Chaudhry said a reference/ complaint was pending against him before the SJC in respect of financial misappropriation in the Shah Latif Bhatai University.
He also said that there was a reference of "misconduct, etc." against another member Iftikar Hussain Chaudhry.
"The chairman is fully aware of it as files are lying in his custody for the purpose of scrutiny. Therefore, he cannot sit as member of the council," he said adding Justice Hussain had developed strong hostility against him.
Justice Chaudhry said Justice Iftikar Hussain Chaudhry's elevation as the Judge of the Supreme Court was opposed by him in August 2005 for reasons which cannot be disclosed here.
"I may point out that we are not even on talking terms with each other. He is otherwise interested in the positive result of the inquiry sent by the President on the advise of the Prime Minister because one of his brothers is a minister in the cabinet of the Prime Minister and he has been expressing his views in favour of the reference and against me on television channels (reportedly)," he said.
The suspended judge said he did not expect a fair inquiry from him and wanted his exclusion from the council.
"In view of the above objections, I am of the opinion that the SJC is incapable of holding an inquiry against me," he said.
Opposing an in-camera inquiry and demanding open proceedings in the interest of people's confidence in higher judiciary, he said the SJC should be reconstituted excluding the members in respect of whom objections have been made here and to negate the impression nationwide and internationally that "this is one-sided, biased, dummy and a command performance."