CJ to avoid hearing NRO case: Aitzaz

By: Our Staff Reporter | March 17, 2009 |
LAHORE - Former President Supreme Court Bar Association, (SCBA) Barrister Aitzaz Ahsan told a press conference here on Monday that the restored Chief Justice of Pakistan Iftikhar Muhammad Chaudhry would prefer to avoid sitting on the Bench, hearing the case against the National Reconciliation Ordinance (NRO) for the reason, some beneficiaries of the Ordinance had expressed reservations about hearing of this case by him through their statements. With reference to those reservations, he said, it is a tradition that he should avoid hearing the case in that matter. He referred to Justice Wajihuddin case pertaining to the candidature of General Pervez Musharraf for election to the presidential office in uniform and said that, Justice Chaudhry then had stayed away from presiding over the Bench. The reason was that as the episode of criminal reference moved by Pervez Musharraf against him stood in the background, the proprietary demanded that he should not head that 11-member Bench to hear that case. And he did so. Justice should, not only, be done, but should be seen to be done, he added. He hoped that the Judiciary under Justice Chaudhry would not follow that tradition which the 'Dogar Court' did.
To a question on the review petition against the SC verdict on the disqualification of Sharif brothers, he said, as per the Supreme Court rules only that Bench which has decided the main appeal can review the matter. As such, Justice Chaudhry also cannot sit on that Bench but he is committed to administer justice to everyone.
To another question on the status of PCO judges now sitting in the Judiciary, he said, it has been their consistent stand that no judge could be removed from the office unless a petition is filed before the Supreme Court against him or a reference before the Supreme Judicial Council. Therefore, the sitting PCO-judges can be dealt with only through these means and none other.
Aitzaz appreciated the spirit shown by the people in the long march and said, he will hoist Pakistan's flag at CJ's house on March 22. Welcoming the government' decision vis-a-vis restoring Justice Iftikhar Muhammad Chaudhry, he said: "Justice Iftikhar Chaudhry will be assuming charge of the office on March 22, next and I will be hoisting Pakistan's flag at his house on the day".
Aitzaz said the promise Shaheed Mohtarma Benazir Bhutto made to the nation on November 7, 2007 for staging a long march and sit-in for restoration of deposed judiciary, has been fulfilled today.
He hoped that the government would cooperate with Chief Justice Iftikhar Muhammad Chaudhry and not defy his orders.
According to him, Chief Justice Iftikhar Muhammad Chaudhry will not be part of any bench that is tasked with the hearing of any case concerning Nawaz Sharif or Shahbaz Sharif.
"Today's achievement is actually the success of Mohtarma's thinking and vision," he said. Each and every PPP worker is thankful to God and extends hearty congratulation to Iftikhar Muhammad Chaudhry and other deposed judges who had to suffer detention and persecution, he added.

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