Pack of lies ..... CJP reinstated

Back with a bang

QAISER ZULFIQAR
ISLAMABAD - Giving a historic verdict, the 13-member full court of the Supreme Court Friday reinstated Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry by setting aside the Presidential Reference filed against him on March 9 this year.
President Gen Pervez Musharraf had filed the reference against the Chief Justice for allegedly misusing his official position. Three out of 13 judges of the full court dissented while the remaining ten judges gave their note in favour of the Chief Justice.
Head of the full court, Justice Khalilur Rehman Ramday, read out the short order in the jam-packed courtroom of the Supreme Court.
The short order reads, "By majority of 10 to 3 (Faqir Muhammad Khokhar, M. Javed Butter, and Saiyed Saeed Ashhad dissenting), this Constitution Original Petition No 21 of 2007 filed by Justice Iftikhar Muhammad Chaudhry, the Chief Justice of Pakistan, is allowed as a result whereof the above mentioned direction (the Reference) of the President dated March 9, 2007 is set aside. As a further consequence thereof, the petitioner CJP shall be deemed to be holding the said office and shall always be deemed to have so holding the same."
Chief Justice Iftikhar Muhammad Chaudhry later assumed the charge of his office as CJP and the Pakistan flag was hoisted at his official residence in Judges Enclave. The three judges of the full court, who gave their dissenting note on the constitutional petition, were of the view that whether or not the President could send a reference against the Chief Justice of Pakistan.
It may be mentioned here that the Chief Justice had been restored with effect from March 9, 2007, the day the presidential reference was filed against him.
After announcement of the verdict, lawyers chanted slogans in the courtroom and started hugging each other. None of the government lawyers including Sharifud Din Pirzada, Justice (Retd) Malik Abdul Qayyum and Ahamd Raza Qasuri was present in the courtroom at the time of the announcement of the historic judgment.
Later, emotional scenes were also observed outside the courtroom where many senior lawyers with tears in their eyes were celebrating the decision.
On the occasion, the lawyers encircled Chaudhry Aitzaz Ahsan, the lead counsel of the Chief Justice, and warmly congratulated him for his historic success.
Talking to the media persons, Aitzaz said, "I am going abroad on a 10-day trip as I had remained hectically involved in the reference since its filing." Later, the defence team of the Chief Justice along with hundreds of lawyers went to the CJP's official residence to congratulate him over his victory.
Special security arrangements were made at the Supreme Court building to meet any untoward situation.
Earlier, Aitzaz Ahsan completed his counter-arguments before the full court.
Headed by Justice Khalilur Rehman Ramday, the full court comprised Justice Nawaz Abbasi, Justice Faqir Muhammad Khokhar, Justice Shakir Ullah Jan, Justice Javed Buttar, Justice Tassadaq Hussain Jillani, Justice Saiyed Saeed Ashhad, Justice Nasirul Mulk, Justice Fayyaz Ahmad, Justice Chaudhry Ejaz Ahmad, Justice Jamshed Ali, Justice Muhammad Ali Mirza and Justice Ghulam Rabbani.
Aitzaz pleaded that no punishment had been given to Chief Minister of Balochistan, Chief Secretary, Secretary Establishment, DG FIA and Commander Police Academy, who were involved in the Arsalan Iftikhar case.
He argued that if the allegation of protocol was correct, what about the protocol given to the Governor and Chief Minister when all the roads were closed during the passage of their convoy. 
He submitted that the reference was a pack of lies, malicious and fake and added that the CJP had been personally targeted in the reference.
He argued that how a reference which was based on mala fide could be upheld.
Aitzaz claimed that President General Pervez Musharraf in a TV programme had acknowledged that good treatment was not meted out to the CJP.
Aitzaz also said that he had agreed with Sharifud Din Pirzada that the Judges of the apex court did not show their reaction over the suspension of the CJP. "They should at least avoid sitting on the bench for three or four days," he added.
Justice Khalilur Rehman Ramday remarked, "We are not a trade union that we would have protested, had we did not participate in the proceedings during these four days. This full court would not have come to existence. What Sharifud Din Pirzada has done, it is being done by you now. Why are you accusing us that we have not tendered the resignation."
Aitzaz concluded his arguments within the given time with the argument that he had raised 60 questions but none of them was replied.
After the judgment, Aitzaz Ahsan, Munir A. Malik and Tariq Mahmood Advocate termed the verdict historic and added that it would prove a milestone for the independence of Judiciary. 
Aitzaz said that lawyers and media men have fulfilled their responsibilities effectively by hearing the proceeding with tolerance and God Bless right with success. 
He further said that it is the time to offer thanks giving prayers to Al Mighty Allah. 
Munir A Malik said that after the verdict he was no more a lawyer of the Chief Justice and now he was only President of the Supreme Court Bar Association.

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