SC to take up CPP petition today

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The Larger Bench of the Supreme Court of Pakistan headed by Mr. Justice M. Javed Bhuttar will hear today (Monday) the Constitutional Petitions of the Chief Justice of Pakistan (CJP), Communist Party of Pakistan (CPP) and likewise many other petitions on day to day hearing.   The other Judges of the Larger Bench includes Mr. Justice Nasir-ul-Mulk, Mr. Justice Raja Fayyaz Ahmed, Mr. Justice Ch. Ijaz Ahmed and Mr. Justice Hamid Ali Mirza.

CPP through its Chairman Engineer Jameel Ahmad Malik in the Petition challenged the suspension of the CJP Iftikhar Muhammad Chaudhry, making him non-functional, sending him on forced leave and appointment of Acting Chief Justice of Pakistan and termed all these actions as highly unconstitutional acts.

Communist Party in the constitutional petition filed under Article 184(3) of the Constitution of Pakistan requested the removal of suspension and immediate re-instatement of the Chief Justice of Pakistan.

CPP has raised three constitutional and legal points for the consideration and decision of Supreme Court in a 50 page paper book.

CPP firstly said that President does have the power to send a reference against Chief Justice but he does not have the power to suspend or make the Chief Justice non-functional or any other Judge merely on the plea that a reference is pending against him.

Secondly, the President cannot send the Chief Justice on forced leave under Judges Compulsory Leave Order 1970 during the pendency of reference, as the same is now obsolete and is also ultra vires with Article 209 of the Constitution of Pakistan, 1973.

Thirdly the reference against Chief Justice is correct or malafide, the Supreme Court or Supreme Judicial Council, who has the jurisdiction to determine this important question of law of public importance.

CPP challenged the two original Notifications of suspension and restraining of Chief Justice not to function as the Chief Justice of Pakistan or a Judge of the Supreme Court and secondly appointing of Acting Chief Justice of Pakistan during the proceedings of reference against him.

It may be recalled that both of these Notifications were issued on 9th March 2007 and signed by Secretary Law Justice (Retd) Mansoor Ahmed.

07-05-2007 22:32 Bureau Report Published in News, English News

This entry was posted on 07-05-2007 22:32. You can follow any responses to this entry through the RSS 2.0 feed. This article was favoured 15 time. You can leave a comment. Tags: notifications, constitution, jurisdiction, proceedings, restraining, appointing, challenged, compulsory, importance, suspension, vehemently, important, president, reference, secretary, engineer, function, judicial, malafide, obsolete, pakistan, pendency, recalled, secondly, stressed, article, council, granted, justice, mansoor, neither, supreme, thirdly, acting, cannot, forced, issued, jameel, judges, powers, public, signed, ahmed, court, judge, march, ultra, vires, retd, cpp, . Last update on 05-06-2008 17:29
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