Chief Justice of Pakistan Iftikhar Muhammad Chaudhry was made a "non-functional Chief Justice" on 9 March 2007. In so acting, President Pervez Musharraf invoked two main clauses of the Constitution of Pakistan. The suspension evoked a nationwide popular mass protest movement led by lawyers, known as the Lawyers' Movement and eventually culminated with the Pakistan Long March.
Timeline March 2007
9–12 March 2007 President of Pakistan, General Pervez Musharraf on 9 March 2007 virtually suspended the Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry, and appointed the next most senior judge available, Justice Javaid Iqbal, as the acting Chief Justice of the Supreme Court. Later it was explained that the senior-most judge after the Chief Justice was Justice Rana Bhagwandas, but since he was away from the country, Justice Javed Iqbal being the second in line was made the acting head of the apex court until Justice Bhagwandas would return.
The move to make Justice Iftikhar Chaudhry 'non-functional' was immediately followed by yet another decision by the president to send a reference under Article 209 of the Constitution of Pakistan to the Supreme Judicial Council (SJC) to investigate allegations of misconduct against him.
Justice Chaudhry was called on by the President at his Army residence in Rawalpindi on Friday, 9 March 2007. There, he was asked to explain his position on a list of charges brought against him from several quarters.Judge row prompts Pakistan democracy questions , BBC, Monday, 12 March 2007, 17:47 GMT. He was then asked to resign, something which Justice Chaudhry refused to do and was henceforth detained for about five hours while arrangements were made elsewhere in Islamabad for speedy appointment of the Acting-Chief Justice.
According to further reports he was only allowed to leave when the Acting-Chief Justice had taken oath of office and proceedings of the Supreme Judicial Council had begun. According to legal analysts, the procedure adopted by the President is not only unjust and inappropriate but also unconstitutional and therefore illegal.
The president's orders came in the afternoon, and within minutes took the country by storm. Many in the legal fraternity were shocked by the way the country's top adjudicator had been treated. Within hours, public in general and lawyers specifically rallied around him. Chief Justice Iftikhar Chaudhry's reaction was not known as since his "suspension" or being made "non-functional" he had remained incommunicado. After his meeting with President Musharraf, he remained inside the presidential office for a few hours, and was later prevented from going to the Supreme Court by the security officials. He was later placed under unofficial house arrest and media or anyone from the outside world was not allowed to approach him.
Soon after the oath taking ceremony, the SJC went into a session and decided to call on Chief Justice Iftikhar Muhammad Chaudhry on 13 March to answer the allegations of misconduct levelled against him. Presided over by Acting Chief Justice Javed Iqbal, the SJC also ordered the Chief Justice not to perform functions as judge of the Supreme Court or as the Chief Justice until the reference was decided on by the council.
The SJC meeting was also attended by apex court judges namely Justice Abdul Hameed Dogar and Justice Sardar Muhammad Raza Khan, Chief Justice of Lahore High Court Iftikhar Hussain Chaudhry and Chief Justice Sindh High Court Sabihuddin Ahmad, who had flown into Islamabad earlier in the day.
According to the Advocate General of Sindh, Justice Chaudhry is still the Chief Justice of Pakistan, and should be allowed to exercise all due privileges. However, the flags of the Islamic Republic of Pakistan and the Supreme Court have been removed from his home and his name and references were initially removed from the website of the Supreme Court of Pakistan; but were restored 24 hours later. The reason presented by the Officials of Supreme Court for the removal of the information from the website was that it happened due to some technical errors.
According to BBC Urdu and The News (Pakistani newspaper), the supreme judicial council planned to look into the inquiry against Justice Chaudhry. Out of the three Judges of the council there are corruption cases already pending against two judges (one for financial corruption and the other for a case related to fraud in land) and the third Judge allegedly had his daughter admitted to a medical college on the recommendations of the Chief Minister of a province of Pakistan.
On 12 March 2007, lawyers across Pakistan began boycotting all court procedures in protest against the suspension. In the capital Islamabad, and in other cities such as Lahore, Karachi and Quetta, hundreds of lawyers dressed in black suits attended rallies, condemning the suspension as unconstitutional. More than twenty lawyers were injured in clashes with police during the demonstrations in Lahore.Lawyers protest against Musharraf, BBC, Monday, 12 March 2007, 11:40 GMT
13 March 2007 (First Hearing) On 13 March 2007, Justice Chaudhry appeared before a closed hearing with the SJC. The hearing lasted for two hours and was adjourned until Friday 16 March. Justice Chaudhry issued a four-page press release denouncing the moves against him,Full text of CJP's statement before SJC , The Nation, Pakistan saying that neither President Musharraf nor the SJC had the authority to prevent him from working. He also reported that his telephones at home had been disconnected and vehicles confiscated.Pakistan panel quizzes top judge, BBC, Tuesday, 13 March 2007, 13:26 GMT.
16 March 2007 CJP Justice Iftikhar requested that because his lawyers were not allowed to meet him by the government, the hearing should be adjourned till 26 March 2007. SJC did not entertain it and the next date of hearing was announced in a press release to be 21 March 2007 at one end all this was going on and at the other end the government attacked a popular TV channel "GEO" in islamabad to turn attentions of people.
19 March 2007 charges leaked Full text of the reference against CJP Justice Chaudhry was leaked to the press on 19 March 2007. The main charges against CJP Justice Chaudhry are as following.
CJP forced government officials to unlawfully help his son get admission to medical college and then had him appointed as Grade 18 Police Officer. CJP was entitled to use a 1700cc car, but he used a 3000cc Mercedes and kept several other vehicles in his use in Lahore, Islamabad and Karachi. CJP required more protocol than he deserved. He required senior officials to receive him at airports and was also using helicopters and planes to go to private functions. Use of a BMW Car "RAZIA 1" by his family Different Oral and Written Orders in cases worth 55 million PKR Asking for more perks than he was eligible for.
21 March 2007 On 20 March 2007,"Press Release by SJC to Postpone Hearing till 3rd April 2007" SJC issued a press release citing that the next hearing of reference, which was scheduled on 21 March 2007, would be postponed till 9:30 am PST on 3 April 2007. The press release does not cite any reason for this move.
Timeline April 2007
3 April 2007 The Supreme Judicial Council Tuesday adjourned hearing of presidential reference against non-functional chief justice Iftikhar Muhammad Chaudhry till 13 April. Barrister Aitzaz Ahsan, leading lawyer assisting the non-functional Chief Justice in the reference, gave his arguments for open trial in the SJC proceedings, which were continued for an hour. He argued against in-camera hearing of the reference.
Barrister Wasim Sajjad and former minister of law Khalid Ranjha appeared before the SJC on behalf of the government. Attorney General Makhdoom Ali Khan appeared on behalf of the SJC on court notice. The lawyers and opposition parties' leaders and activists gathered in large number outside the Supreme Court building during hearing of the reference.
Earlier, Justice Iftikhar Muhammad Chaudhry reached Supreme Court along with his lawyers Barrister Aitzaz Ahsan, Hamid Ali Khan and Justice (Rtd) Tarique Mehmood to appear in the Supreme Judicial Council hearing of presidential reference against him. Barrister Aitzaz Ahsan, leading lawyer assisting the non-functional Chief Justice in the reference, talking to newsmen said that he would raise various objections before the SJC in today's hearing.
He said that he will argue for open trial of Justice Iftikhar Chaudhry in the hearing, as people should know the truth of charges against the non-functional chief justice. Aitzaz Ahsan said that he will also discuss the constitutional status of the Supreme Judicial Council and will argue over whether appointment of the Acting Chief Justice is constitutional or not. Large number of lawyers, political leaders and activists of opposition parties were present before the Supreme Court building when Justice Iftikhar reached the court for hearing of the presidential reference. They were chanting slogans against the government.
The SJC proceedings began 45 minutes late than the scheduled time. Barrister Aitzaz Ahsan presented his arguments before the council.
He argued before the SJC that the non-functional chief justice wants open trial of the reference and called for the open trial as the nation come to know the truth of the charges against Justice Iftikhar Chaudhry.
Meanwhile, Federal Minister for Information Muhammad Ali Durrani, talking with Geo News, said that the government has not interfered anywhere and given chance to all sides to express their opinions. He said the lawyers have taken a wise decision by distancing them from the political parties. It would be now more convenient for the government to hold talks with lawyers associations and hear their point of view, he further said.
He said that some lawyers are in contact with the government. He also confessed that the lawyers' bodies are much organised on the chief justice issue.
13 April 2007 Morning
Strict security measures have been taken in Islamabad on the hearing of presidential reference against non-functional Chief Justice Iftikhar Muhammad Chaudhry here on Friday.
Additional contingents of law enforcement forces were deployed in Islamabad whereas FC put on stand- by position. Strict surveillance also carried out at entry and exit routes of the city.
A separate traffic plan has been prepared to maintain traffic flow in the capital, however, traffic jam was reported in different areas of Islamabad including Faizabad, a main entry route of the city.
Large number of political workers of Pakistan Peoples Party, Muslim League (N), Jammat-I-Islami, Pakistan Tahreek-i-Insaaf, ANP and JUI( Sahibzada Fazal Karim Group) have gathered outside Supreme Court building.
Meanwhile, Muttahida Majlis Amal(MMA) leader Qazi Hussain Ahmad and Tahreek-i-Insaaf chairman Imran Khan also reached Supreme Court to lead the protests.
Opposition leader in National Assembly, chief of JUI (F) and MMA Secretary General Maulana Fazul Rehman has assured to take part in the protest.
According To Govt Officials Possibly the Govt Lawyer Wasim Sajjad will give the Evidences after the completion of Aitzaz Ahsan Arguments.
13 April 2007 (evening)
Supreme Judicial Council (SJC) has adjourned the hearing of presidential reference against non-functional Chief Justice Iftikhar Muhammad Chaudhry till 18 April.
The SJC had decided that from now onwards, the hearing would be carried out on two consecutive days.
The lawyer of Justice Iftikhar Chaudhry Barrister Atizaz Ahsan argued about the position of three SJC judges Justice Javed Iqbal, Justice Chaudhry Iftikhar and Justice Abdul Hamid Dogar.
In a three-hour session, Atizaz Ahsan completed his legal arguments on the objections and reservations regarding judges' position. He had completed his arguments.