Islamabad, June 01: The Supreme Court that began a regular hearing in the petitions challenging the provisions of the recently adopted 18th Amendment on Monday rejected, amid some dramatic developments, all objections raised by the Federation to the composition of the bench including presence of Chief Justice Iftikhar Chaudhry on the 17-member bench.
Dr Abdul Basit, counsel for the Federation, later accused the chief justice of misconduct by forcing him to answer ‘illegal’ questions “in an apparent bid to create a wedge between the president and the prime minister”.
The court issued a show-cause notice to Dr Basit for presenting conflicting statements on behalf of the president’s principal secretary who denied ever talking to Dr Basit.
The lead counsel for the petitioners, Akram Sheikh, accused the government of trying to ‘scandalise’ the chief justice through its lawyer.
The court took up several petitions challenging some of the provisions the 18th Amendment relating to appointment of judges by a judicial commission and oversight by a parliamentary committee. The petitioners maintained that the amendment violated the basic structure of the constitution that guaranteed independence of the judiciary.
The federation represented by Dr Basit objected that the court could not review any amendment duly adopted by parliament. “Such a course would amount to subversion of the constitution,” Dr Basit observed.
He further said the 17-member bench cannot call itself full court because one judge Zahid Hussain is not there having gone on leave after being served a contempt notice.
He said Justice Iftikhar Chaudhry could not hear the petitions because of conflict of interest as he is affected by the amendment that had terminated his discretion power to appoint judges and constituted a commission presided over by him for this purpose.
Justice Ramday asked Dr Basit on whose behest he was raising the objection. Dr Basit named president’s principal secretary, Salman Farooqi, as having instructed him on telephone.
The chief justice asked him under what law the president could raise the objection. He pointed out that the prime minister and not the president is chief executive to which Basit said: “I have no access to the PM.”
Farooqi in a written communication to the court said he had never given any instructions to Dr Basit and assured the court that the Presidency has full faith in judiciary and respect for all the judges of the court.
Dr Basit later endorsed Farooqi’s stance at which the court issued him a show-cause notice to explain why his licence to practice should not be cancelled for indulging in misrepresentation and making conflicting statements. Dr Basit said he was forced to commit professional misconduct by naming his clients for giving a particular instruction. “The chief justice had no right to do that,” he told reporters outside the court room.
He said two judges who asked him loaded questions (Chief Justice Iftikhar Chaudhry and Justice Ramday) deliberately targeted the president to create a wedge between him and the prime minister.
–Agencies