MicroPakistan

(I received this by email today. It is a petition drafted by Advocate Athar Minallah. I first heard his name with regards to the email Chief Justice Chaudhry sent him. Seems like he’s an important member of the team representing the Chief Justice. I am not too sure why this is doing the rounds on email, but it may to educate the people about the case that is being put forward on the Chief Justice’s side. In a way it may be a tactic to turn a closed trial into a public one.)

BEFORE THE HON’BLE SUPREME COURT OF PAKISTAN

ATHAR MINALLAH

Advocate High Court

24, First Floor, Beverly Centre, Blue Area, Islamabad

YAHYA KHAN AFRIDI

Advocate Supreme Court

24, First Floor, Beverly Centre, Blue Area, Islamabad

Verses

1. The President of the Islamic Republic of Pakistan, through the Principal Secretary.
   
2. The Federation of Pakistan through the Ministry of Law and Justice, Pak Secretariat, Islamabad
   
3. The Hon’ble Acting Chief Justice, through the Registrar, Supreme Court of Pakistan.
   
4. Ministry of Interior, through the Secretary, Government of Pakistan, Islamabad.
   
5. The Supreme Judicial Council through the Registrar Supreme Court.
   

PETITION UNDER ARTICLE 184(3) OF THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN 1973

Respectfully Sheweth;

1. That the Petitioners are enrolled as an Advocates of the Supreme Court and the High Court.
2. That the Petitioner seeks the indulgence of this Hon’ble Court in a matter concerning a supreme question of public importance which essentially relates to the independence and integrity of the institution of the judiciary, and has far reaching effects with regard to dispensation of justice, the supremacy of the Constitution of the Islamic Republic of Pakistan, 1973 and the fundamental rights of the citizens of Pakistan.
3. That the Petitioners are aggrieved by the manner in which the sitting Chief Justice of this august Court was treated, removed, suspended made ineffective.
4. That on March 9, 2007, the Respondent No. 1, who also happens to be the Chief of Army Staff called the Chief Justice of the Supreme Court of the Islamic Republic of Pakistan, namely Hob’ble Justice Iftikhar Mohammad Chaudhry and was later suspended/made in effective and detained at the Army House Rawalpindi.
5. That it was reported in the media that the Hon’ble Chief Justice was thereafter detained and not allowed to meet anyone.
6. That the Petitioner No. 1 made hectic efforts to have access to the residence of the Hon’ble Chief Justice but in vain as all the roads leading to the residence were blocked and the officials of the Islamabad Capital Police on duty informed that no one was allowed to go to the residence as the Hon’ble Chief Justice was detained.
7. That the media telecast further announced that the Respondent No. 3 was to take oath as the acting Chief Justice. The most senior Judge next to the Hon’ble Chief Justice was Justice Rana Bhagwan Dass.
8. That through the media it was further informed that the Respondent. No. 1 who also happens to be the Chief of Army Staff had sent a purported reference to the Supreme Judicial Council alleging misconduct on part of the Hon’ble Chief Justice.
9. That the Hon’ble Chief Justice remained in illegal confinement, he was unlawfully detained and continues to be detained till the presentation of this Petition..
10. That the media also informed and as confirmed by the spokesman of the Government of Pakistan that the President had removed/made ineffective/suspended the Hon’ble Chief Justice.
11. That in the evening of March 9, 2007 while the Hon’ble Chief Justice remained in illegal detention the Respondent No. 3 took the oath of office and it was further informed that immediately after taking oath the Supreme Judicial Council held a meeting to consider the reference against the Hon’ble Chief Justice.
12. That the manner in which the Hon’ble Chief Justice was treated, the haste in conducting the proceedings against him and the conduct of the Supreme Judicial Council was not in accordance with law or the norms of a civilized society.
13. That the Constitution or the law does not give any authority to the President who also happens to be the Chief of Army Staff to summon the Chief Justice of Pakistan to the Army House and to confront him with allegations of misconduct and to demand an explanation from him. Similarly the Chief Justice can not be detained or be compelled to resign from his office.
14. That by suspending/making ineffective the Hon’ble Chief Justice of the Supreme Court of Pakistan, the provisions of Article 209 of the Constitution of the Islamic Republic of Pakistan have been flagrantly violated.
15. That suspending/making ineffective the Hon’ble Chief Justice of the Supreme Court of Pakistan being ultra vires the Constitution is malafide, hits at the principle of rule of law and is without lawful authority and jurisdiction.
16. That being aggrieved by the ultra vires and malafide orders/treatment and the manner in which the Hon’ble Chief Justice of this Hon’ble Court has been treated which essentially jeopardizes and undermines the institution of judiciary, its independence and prestige, the Petitioner seeks the indulgence of this Hon’ble Court amongst other grounds;

GROUNDS

A.  Because the orders of the Respondent No. 1 who also happens to be the Chief of Army Staff and the manner in which the Chief Justice has been treated are against the Constitution and law

B.  Because there is no power or jurisdiction vested in the Respondent No. 1 or any other authority to suspend/ make ineffective or to take away the powers of the Hon’ble Chief Justice of the Supreme Court of Pakistan.

C.  Because by illegal suspension/making ineffective the Chief Justice of this Hon’ble Court vide orders publicly announced on March 9, 2007, even before the matter having been finally decided by the Supreme Judicial Council, the Respondent No. 1 has acted illegally, in flagrant violation of the Constitution and malafidely.

D.  Because the orders and the manner in which the Chief Judtice of this Hon’ble Court has been treated has undermined the independence of judiciary and the rule of law.

E.  Because the Hon’ble Chief Justice was illegally confined and detained which violates the fundamental; rights as guaranteed in the Constitution.

F.  Because Article 209 does not give any power or jurisdiction for the removal/suspension/making ineffective the Chief Justice of this Hon’ble Court.

G.  Because the orders whereby the Chief Justice has been purportedly suspended/made ineffective/removed is malafide and establishes that the matter has been prejudged/adjudicated before the commencement of the purported proceedings under Article 209 of the Constitution.

H.  Because the proceedings are motivated, illegal, malafide and have been initiated for ulterior motives.

I.  Because the orders dated March 9, 2007 making the Chief Justice ineffective and putting him under suspension are illegal, ultra vires the Constitution, without lawful authority and jurisdiction.

J.  Because there is rampant corruption and misuse of powers by the public functionaries in the country but the Chief Justice has been made a victim on frivolous grounds for ulterior motives.

K.  Because since the independence of Pakistan the Judiciary has been abused by various successive governments, thereby, taking away its independence.

L.  Because the Respondent No. 5 is not lawfully constituted in accordance with law.

It is, therefore, most respectfully prayed that on acceptance of this Petition this Hon’ble Court may be pleased to;

I.  Declare that the events/order dated March 9, 2007 whereby the Hon’ble Chief Justice was suspended/made ineffective is viod ab initio, illegal, ultravires the Constitution, without lawful jurisdiction and authority and malafide.

II.  Declare that the detention/confinement of the Hon’ble Chief Justice, Justice Iftikhar Mohammad Chaudhry is illegal, without lawful authority and jurisdiction.

III.  Declare that Hon’ble Justice Iftikhar Mohammad Chaudhry is and continues to be the Chief Justice of this august Court.

IV.  Direct the Respondent No. 4 to produce the Hon’ble Chief Justice before this Court.

V.  Direct the Respondent No. 5 to suspend its proceedings till the disposal of this Petition.

VI.  Any other relief as this Hon’ble Court may deem fit in the circumstances.

Petitioner

Athar Minallah