Pak SC decisions on suspended Chief Justice’s petition today

July 20: A 13 member full court bench of Pakistan Supreme Court is likely to decide the fate of suspended Chief Justice Iftikhar Muhammad Chaudhry today, as Chief Justice had filed a petition against Pak president Pervez Musharraf for suspending him on March alleging the charge of misusing his post. The apex court will also decide whether Chaudhary should be restored on his position or Mushrraf had overreached his power.

Pakistan acting chief justice Rana Bhagwat Das, the first Hindu Chief Justice of Pakistan had appointed a 13 member bench of Supreme Court Justice to judge one of the most controversial cases in the Pakistan history in which the Pak president and Pak Chief Justice is on front war. The case might be concluded today after 43 days of hearing. The hearing of the case will be done with strict vigil as heavy security and police forces have been deployed around the Supreme Court premise today.

Aitzaz Ahsan, the advocate of Chaudhary would conclude his argument within 45 minutes of today’s hearing and Justice Khalilur Rahman Ramday, the head of the judging panel will announced the final judgment of this case which will decide the fate of Chief Justice and also defined the powers of the Army-backed President and judiciary.

The decision of the court is also very important in terms of whether the Pak President had the right to remove the top person of the top court unceremoniously without giving prior notice or Chaudhary had misused his position and the removal decision was under the constitution.

Several people have filed complaints to the president against Mr. Chaudhary for misusing his office and receiving favours, allegedly to secure a top police job for his son. Chaudhary blames that Musharraf has no right to remove the Chief Justice of the Supreme Court without proving any accusation and prior notice. In this sense the administration has no right to interfere in Court’s matter.

It is assumed that the deferral of Chief Justice is decaying the image of President Musharraf as Pervez Musharraf is loosing its clutch on the administration. He wants to retain his position for further being the chief of the Army. The protest against him is increasing day by day and the Justice case is working as a catalyst to defame him.

Suspended Chief Justice is also in the controversy since last few months as he is campaigning against Musharraf indirectly without taking his name across the country. According to Chaudhary, the military backed government should not interfere in the matter of justice. Meanwhile he is lobbying with the lawyers and bar associations.

The rivalry of ex-chief justice and the president is getting ugly day by day and following the suicidal attack held in Islamabad on July 17 near addressing venue of Chaudhary it has created various speculation in the political circle. Though Gen Musharraf has condemned the attack, it is yet to confirm who the bomber wanted to kill.

The other political parties are trying to tie the knot with Iftikhar Muhammad as they want to cash the increasing popularity of Justice Chaudhary. The number of supporters of Chaudhary is growing as the time passes and if the decision goes against Chaudhary, it would further volatile the situation in the country. Again a defeat for president would further undermine his stand in the country.

According to intellectuals, the court may adopt the mid way of justice that can avoid the clash between Chaudhary and Musharraf and the prestige of both can be retained. The compromise between Musharraf and Chaudhary may be the best solution in which Chaudhary will restore his position but never be able to make any decision related to President Musharraf include his political future.