News Analysis
Who's afraid of Pakistan Chief Justice? 

Pakistan President Pervez Musharraf has begun consolidating power before the general election, due this year-end.

Removal of Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry, is yet another sign of this.

It also demonstrates that General Musharraf's iron grip on his nation's polity has not loosened and he can change even the Chief Justice of the Supreme Court as he changes his corps commanders.

Suspended Chief Justice Iftikhar Chaudhry is the fifth CJ to be changed in seven years under General Musharraf's rule.

Among the five Chief Justices, he is the second after Saeed-uz-Zaman Siddiqui to be forced out, though his tenure was to last till 2013.

Chaudhry could have played a spoilsport in President Musharraf's bid to get re-elected by the current assemblies.

The CJ was increasingly beginning to assert himself, which was an obvious threat to General Musharraf.

Sample a few instances which highlight the assertiveness of the suspended Chaudhary.

On June 23, 2006, he blocked the sale of Pakistan Steel Mills (PSM) to a private consortium consisting of Tawairqi Steel Mills, Magni Togorsk Iron and Steel and Arif Habib Securities of Pakistan.

The PSM was scheduled to be handed over on May 29, 2006, at a total cost of Rs 21.68 billion.

In the PSM case, Chaudhry headed a large Bench and ruled that the Cabinet Committee on Privatisation (CCoP) grossly violated the law in the PSM sell-off.

Certainly, the government would not have liked this judgement because the Prime Minister headed the CCoP.

On December 15, 2006, the Supreme Court stopped the North-West Frontier Province Government from enacting the Hasba Bill, which was passed by the NWFP Assembly on July 14, 2005.

Earlier this year, a harsh encounter took place between Chaudhry and the inspector-general of Punjab, Maj (retd) Zia-ul-Hasan, during a hearing on increased crime in Punjab.

He reprimanded the IG for not controlling the increased crime rate in Punjab and consequently, the IG was removed from his post.

On January 23, 2007, he ordered the cancellation of allotment of thousands of acres in Gawadar to politicians, judges, generals and other officers of the armed forces under various schemes.

He took up the responsibility of the human rights cases under his suo motu jurisdiction.

A separate human rights cell was set up at the Supreme Court that received thousands of complaints from poor victims across the country.

By pursuing these cases, Chaudhry implicitly made a number of foes.

The entire police hierarchy, bureaucracy, politicians from the ruling as well as opposition parties, feudal lords and several incumbent rulers, directly or indirectly, came in the line of fire when Chaudhry either gave decisions against them or passed stern directions for them to comply with.

While pursuing the case of missing citizens, who were allegedly picked by the intelligence agencies, the judge fixed responsibility on the government and observed that it was the duty of the state to protect people's lives and ensure their safety.

There were a lot of judicial officers, allegedly appointed by his predecessor, who were removed or sidelined by the CJ.

In the public interest cases, he also went off the government line and issued directions for the authorities to benefit the common man.

Chaudhry was sworn in as the Chief Justice of Pakistan on June 30, 2005, with his longest-ever service tenure of eight-years- and-a-half, till December 11, 2013. Such a long tenure certainly gave him a sense of protection and prompted him toward judicial activism.

Pakistani opposition parties went ballistic over the filing of the reference against the CJ and declared it to be a systematic conspiracy against the judiciary.

Popular cricketer-turned- politician Imran Khan appealed to the nation to stand united against the dictator and his junta.

Exiled former Prime Minister Nawaz Sharif's party announced that the judiciary issue would be on top of the agenda of

the forthcoming All Parties Conference in London.

Chaudhry has become the first CJ of Pakistan to face a presidential reference on charges of misconduct and misuse of authority before the Supreme Judicial Council (SJC).

Four judges of the superior judiciary had faced the SJC before: Justice Shaukat Ali, Justice Akhlaque, Justice Fazl-e-Ghani and Justice Safdar Shah.

While Justice Shaukat was found guilty and dismissed, Justice Akhlaque and Justice Ghani resigned and proceedings against Justice Shah remained inconclusive because he retired while proceedings were continuing.

The SJC consists of the acting Chief Justice of Pakistan, the next two senior most SC judges and two senior most Chief Justices of high courts.

The SJC stopped Ifitkhar Muhammad Chaudhry from functioning as the Chief Justice of Pakistan or as judge of the highest court of the country.

Immediately after the oath of the acting Chief Justice was taken, a formal meeting of the SJC was convened.

The council has invited Chaudhry to appear before it and defend himself on March 13.

The council further ordered that Chaudhry should not perform in the office of judge of the Supreme Court or as the Chief Justice of Pakistan until further notice.

The SJC issued the order unanimously, comprising the three judges of the Supreme Court, including the acting Chief Justice of Pakistan and two of the senior most chief justices of high courts, according to provisions of the constitution.