Chief Justice proves hard nut to crack

ISLAMABAD: Long-drawn-out persuasion by the top brass of Pakistan’s elite intelligence agencies and high-ranking officials failed to convince a resolute chief justice Iftikhar Muhammad Chaudhry to step down before a presidential reference was filed against him.

He stood like a rock, ready to face the challenge, in the hours-long persuasive sessions. A family source close to the “non-functional” chief justice quoted Justice Chaudhry as saying that during the critical Friday meeting with the president, he was given two options by General Pervez Musharraf — resign or face the reference.

“I opted not to succumb,” the source quoted him as telling the tale of his five-hour stay in the Army House on Friday. After the suspended chief justice told the president that he would never step down, the source revealed that almost 18 officials, including the top brass of the intelligence agencies, kept on swaying him, one after the other, to avail the first option, but he chose the hard one.

He, however, made it clear that he was not mistreated at any stage of the extended sessions. He was also offered lunch. He told his friends and acquaintances, who were able to meet him before the present security cordon around his official residence was clamped by the government, that he had immediately made up his mind that he would not bow out.

The source, who is still in contact with the chief justice and his family because of a not yet tracked communication means, said Justice Chaudhry had also told his sympathisers that the “charge sheet” read by the president was the replica of the much-condemned open letter of a Supreme Court lawyer, who, it is generally believed, was written as a precursor to the reference.

After an almost five-hour stay in the Army House and following his consistent refusal to quit, he was allowed to go. One obvious change he immediately noticed as soon as he came to board his staff car was the missing of the chief justice’s flag from his official limousine. Acting Chief Justice Javed Iqbal took the oath of his office at a time when the chief justice was in the Army House.

When Justice Chaudhry came back, the world had changed for him altogether. Although the government claims that the suspended chief justice is not under house arrest, within hours of his return from the Army House, the top judge’s official residence was cordoned off, the telephone lines were disconnected and even the available mobile phones were taken away. The television cable was working till Saturday morning, but it was also cut off later.

The suspended chief justice was also not provided with newspapers although he was getting the crux of the media coverage on his issue through a lone communication mean that is still breathing. Except those allowed to meet him on Sunday as has happened in selected cases, no one can get in or out.

“It’s a pity that the man who spent all his life in delivering justice to people is now himself in need of justice,” the source said, adding that the suspended chief justice is treated in a manner as if he were involved in some major corruption case. “But Justice Iftikhar’s track record speaks of his financial integrity,” the source said, adding that “Pakistan is not the property of a few in power; this is our country.”

The source said the only hope left is the media that should raise its voice for justice and it is certain that the people of conscience will come forward and do their maximum to stop this injustice.

Courtesy: The News

Where is Justice Bhagwan Das?

Where is the Senior most judge of Supereme Court of Pakistan Mr. Justice Bhagwan Das? Who had to become care-taking Chief Justice of Pakistan in absence of Mr. Justice Iftikhar Chaudhary.

As per official information available to media, he is in India on private holidays. Where exactly he is? This is unknown to the authorities.

When BBC contacted Pakistan’s High Commission in India about Justice Bhagwan Das’s visit to India – they said that they do not know anything about his visit to India. Rather they said that they have come to know about his visit to India through media!!! mind doesn’t accept such a lie.

He is serving on one of the most senior posts in the country, he must have informed the high commission – only if he is in India?

If what High Commission is saying, is correct & to be believed then there should be a reference filed against him that he is visiting an enemy state without informing High Commission?

When BBC tried to contact his brother Sri Chand in Karachi about Justice’s visit to India & about his possible return to Pakistan, he said that flight went to Delhi from Karachi, I don’t know where he has gone since then.

According to some sources he is in a 5 star hotel in Delhi, when that hotel was contacted they negated the news.

then where is he? should we add his name amongst those who are missing in the country?

news source BBC Urdu Service

Updated: Tuesday, March 15, 2007 

A few moments ago – It has been learnt that Justice Bhagwan Das is in Lucknow and he is in intermittent touch with his wife over telephone; when her wife was asked to provide Justice’s contact number in Lucknow, she first said that she doesn’t have one, later on she refused to provide Justice’s contact number; she further said that he calls her quite regularly using Public Call office telephone – hence he can not be contacted.

Justice Bhagwan Das is on a private visit to India – he may return to the country on 24th March. Justice Bhagwan Das is the most senior Judge in Supreme Court of Pakistan; he retires in December 2007.

Updated: Monday, March 19, 2007

Justice Bhagwan Das Found

He is in Lucknow (northern Indian city) now a days – living a like a Hindu Bhagat. He is reported to be participating a religious meeting of Sadhu Neelu Bhagwan. Justice Bhagwan Das alongwith his fellow participants of the meeting is living a small home of Krishna Nagar in Lucknow. Mr. Diwan Chand, the current neighbour of Mr. Justice Bhagwan Das told BBC that Mr. Bhagwan Das is only talking about religious matters and not commenting anything about politics et al. Justice Bhagwan Das is avoiding media now a days; however he has spoken to the media thru a mediator. Justice Bhagwan Das is set to return to the country on 22nd March; unless his leaves are extended or unless he is sent on ‘forceful leaves’; as per constitution ‘General’.

Justice Bhagwan Das Found

General In-Justice – Credentials of the Judges of Supreme Judicial Council

Credentials of the Judges of Supreme Judicial Council 

In connection to my earlier blogs related to suspension/sacking of Chief Justice of Pakistan, Mr. Justice Iftikhar Chaudhary. Here is an inside information about the credntials of the Judges who will be dealing with the presidential reference (I am not willing to call it a presidential reference – as this has been filed by Chief Martial Law Administrator & Illegal Chief of Army Staff).  Following notes are taken from a news reported by Khaleej Time.

The credentials of judges on the Supreme Judicial Council (SJC) to hear presidential reference against ‘non-functional’ chief justice Iftikhar Mohammad Chaudhry would be the first item to figure in his defence when the proceedings in the case start today, Supreme Court Bar Association President, Munir Malik said yesterday.

According to media reports and Supreme Court sources, three members on the 5-member highest judicial panel in the country face references pending against them on charges ranging from misconduct, misuse of authority, corruption and embezzlement.

One of these judges is facing allegations of involvement in a land corruption case while the other is accused of being involved in financial embezzlement. The fourth has a personal grouse against Justice Iftikhar for having occupied his residence in Karachi while the presiding judge has a conflict of interest problem.

If Justice Iftikhar is absolved and reinstated he will continue to head the apex up to 2013. By then, acting Chief Justice would have retired without being elevated to the top office.

The News yesterday reported that two of the three judges on the reference panel are already faced with references pending before the SJC.

A third judge is said to have had his two daughters admitted to a medical college on the basis of special seats offered by a chief minister. A son-in-law of the same judge was also appointed deputy secretary in the provincial secretariat of the same province on deputation.

The two most senior SC judges, who will sit in the SJC, are Justice Abdul Hamid Dogar and Justice Sardar Raza Khan. The two provincial chief justices, who by virtue of their seniority would sit in the council, are Lahore High Court Chief Justice  Iftikhar Hussain and Justice Sabihuddin Ahmed of the Sindh High Court.  

Apart from what is under review about the ‘pending cases’ of the judges who will sit in the SJC, some legal minds have already raised the important question of whether the acting Chief Justice Javed Iqbal could sit in the SJC.

Meanwhile, a source pointed out that SHC Chief Justice Sabihuddin Ahmed should also not sit in the SJC for the reason that the much-condemned open letter of a supreme court lawyer also included an allegation against the chief justice regarding use of the official residence of the Sindh CJ by Justice Iftikhar.

Babar Sattar, an Islamabad-based lawyer, in a newspaper article has pointed out that the inclusion of Justice Javed Iqbal in the Supreme Judicial Council creates a conflict of interest. “Only by declaring the chief justice guilty of misconduct would enable Justice Javed Iqbal to become the chief justice of Pakistan or otherwise he would retire prior to expiry of the term of the current Chief Justice.”

Sattar wrote in his article, published in The News on Sunday, “There is scant possibility of a fair inquiry being conducted by a council of peers led by a judge who has a personal interest in the outcome of the inquiry. Further, his appointment as acting chief, if made permanent, will also be a violation of the principle of seniority as Justice Rana Bhagwandas is the senior-most judge after the chief justice.”

as in words of Faiz Ahmed Faiz

…kiss say munsafi chahain? from whom shall I seek justice????