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SJC suspends CJP after president files reference, fixes March 13 for hearing; Suspended judge accused of misconduct, misuse of authority

Musharraf wants CJP Iftikhar out

By Mohammad Kamran

ISLAMABAD: President General Pervez Musharraf on Thursday filed a reference of misconduct against Justice Iftikhar Muhammad Chaudhry, prompting the Supreme Judicial Council (SJC) to suspend him from his post as chief justice of the Supreme Court pending adjudication of the reference.

“Justice Iftikhar Muhammad Chaudhry is unable to perform his functions as chief justice as a reference has been filed against him under Article 209 of the Constitution. President General Pervez Musharraf, while exercising his powers under Article 180 of the Constitution, is pleased to appoint the most senior judge available, Justice Javed Iqbal, to act as acting chief justice of Pakistan,” reads a presidential notification.

The SJC met in an emergency session soon after the acting chief justice was sworn in and issued notice to Justice Iftikhar to appear at 1:30pm on March 13 to defend himself.

The SJC decided that “the respondent (Iftikhar Muhammad Chaudhry) shall not perform functions as judge of the Supreme Court or as chief justice of Pakistan till the above reference is answered by the council”. Justice Iftikhar was sworn in as chief justice of Pakistan on June 30, 2005. His term was due to expire on December 11, 2013. He has been charged with “misconduct and misuse of power”.

The hurriedly arranged oath-taking ceremony of Justice Javed Iqbal, the senior-most SC judge in the absence of Justice Rana Bhagwandas, was held in a small room. Justice Abdul Hameed Dogar administered the oath. Only two SC judges– Justice Nawaz Abbasi and Justice Raja Fayyaz – attended. Lahore High Court CJ Iftikhar Hussain Chaudhry and SHC CJ Sabihuddin Ahmed were especially flown in to Islamabad to attend the SJC meeting.

Speculation for the chief justice’s suspension ranged from reports that he had misused his influence to secure employment for his son in the police, that he had accepted a gift of a BMW car from a well wisher, to recent SC decisions that displeased higher authorities.

Meanwhile, the Supreme Court cancelled the cause list for the next week. A new cause list will be issued today.

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