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LHCBA withdraws reference against 4 SC judges

14 February, 2014

LAHORE: The Lahore High Court Bar Association (LHCBA) has withdrawn its reference from the Supreme Judicial Council against four Supreme Court (SC) judges, including former chief justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja, Justice Khilji Arif and Justice Sheikh Azmat Saeed, filed in July 2013.

It was disclosed in a letter written by Lahore High Court Bar Association President Abid Saqi to the registrar/secretary Supreme Judicial Council, Islamabad.

According to the requisition tabled by the vice president of Lahore High Court Bar Association, Ghulam Sarwar Nihung, the bar association always believe in the cordial and strong relationship between bench and the bar. It appreciates every good gesture from the bench.

Chief Justice of Pakistan Justice Tassaduq Hussain Jillani and other judges as well as the two judges of Supreme Court against whom the reference was sent had graced the annual dinner hosted by the bar and the general House decided to recall the reference.

Earlier on October 11, the LHCBA had filed the requesting to the SJC to initiate appropriate proceedings against these judges… and take appropriate measures for their removal as judges of the Supreme Court of Pakistan.

The LHCBA had accused these judges of, a) Blatantly, by design and on purpose, transgressing and misusing their judicial authority and power; b) by design and for ulterior motives, usurping the authority, powers and territory of other constitutional offices and making them redundant in violation of the scheme of the constitution; c) Indiscriminate and biased use of so-called suo motu powers under Article 184 (3) of the constitution by Justice (r) Iftikhar Muhammad Chaudhry, the former chief justice; and d) Violating the Code of Conduct in particular by Justice Iftikhar Muhammad Chaudhry.

LHCBA President Abid Saqi, addressing a press conference, had said the bar sent a 384- page document along with a 30-page reference to the Supreme Court registrar under article 209 of the constitution. He had claimed that the registrar was legally bound to present this reference before the Supreme Judicial Council under the constitution.

He said that under section 5 of article 209 any citizen could send the reference. He said that there was no deadline in the constitution regarding hearing of the reference; however the SJC was bound to conduct the hearing. He said as the SJC started proceedings on the reference, he would advance arguments.

Saqi alleged that these four judges had been using the laws for their own personal benefits and the SC was no longer a court but had become a political field and judges were using the Supreme Court to snub their opponents. He alleged that these judges had even misused their powers in Arsalan Iftikhar case.

Earlier, the LHCBA on July 30, 2013 had adopted a resolution demanding action against Supreme Court judges, including former chief justice Iftikhar Muhammad Chaudhry, Justice Jawwad S Khawaja and Justice Azmat Saeed.


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