Friday, March 09, 2007

Sacked or Removed? - The Chief Justice of Pakistan. What does the Constitution say?

The "removed" (sacked? suspended?) Chief Justice of Pakistan Iftikhar Chaudhry is presently in the Army House, reported by Geo TV.

Meanwhile, heads are being scratched over what the usually-wildly interpreted Constitution of Pakistan has to say on the matter.

Here is the related constitutional article, straight from the source:

The Constitution of the Islamic Republic of Pakistan : PART VII

Chapter 4: General Provisions Relating to The Judicature
Article 209

(1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.

(2) The Council shall consist of,
(a) the Chief Justice of Pakistan;
(b) the two next most senior Judges of the Supreme Court; and
(c) the two most senior Chief Justices of High Courts.

Explanation:- For the purpose of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice [231][otherwise than as acting Chief Justice], and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.

(3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then
(a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and
(b) if such member is the Chief Justice of a High Court; the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place.

(4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority.

(5) If, on information received from the Council or from any other source, the President is of the opinion that a Judge of the Supreme Court or of a High Court,
(a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or
(b) may have been guilty of misconduct, the President shall direct the Council to inquire into the matter.

(6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion,
(a) that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and
(b) that he should be removed from office, the President may remove the Judge from office.

(7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article.

(8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts.

Original Story: Breaking News: Pakistan President removes Chief Justice

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MB said...

Musharraf has screwed up the Constitution to save him and his ISI and nothing else. This CJ was the only hope for the poor on this land and there were so many cases pending in court against his gov. especially the ISI abductions of people.

We are in deep shit for sure.

Ramla A. said...

A very tragic story indeed.

d0ct0r said...

all the accusations have been fabricated against him and legal he can't be suspended and only supreme judicial council can do that... but who cares.. dictator is in power and all decisions are taken in army house.. and those who still believe that this is a democratic country should wake up...

d0ct0r said...

am currently using and firefox extention whic automatically uses proxy redirection to access blogspot

dictator has a history of blocking sites same thing happened when nawab bugti was assasinated