The Supreme Judicial Council has said that there was absolutely no restraint on Justice Iftikhar Mohammad Chaudhry who can move freely and everyone has access to see him.
"Insofar as the security measures are concerned, this aspect of the matter squarely falls within the jurisdictional domain of the executive/police" SJC said in its order after second hearing of the presidential reference against the non functional Chief Justice here on Friday.
The Council directed the learned counsel for the Referring Authority to ensure that every step is taken in accordance with law. A press release issued after the hearing said.
"The Supreme Judicial Council headed by Justice Javed Iqbal, Acting Chief Justice of Pakistan/Chairman, and comprising Justice Abdul Hameed Dogar & Justice Sardar Muhammad Raza Khan, Judges of the Supreme Court, and Justice Iftikhar Hussain Chaudhry, Chief Justice, Lahore High court and Justice Sabihuddin Ahmed, Chief Justice, High Court of Sindh (Members), met today at Islamabad for hearing of the application filed by Justice Iftikhar Muhammad Chaudhry challenging the constitutionality of the Council.
Chaudhry Aitzaz Ahsan, who is leading the panel of advocates representing Justice Iftikhar Muhammad Chaudhry, sought adjournment for hearing of the Application tills 26.03.2007 on the pretext of having not been able to meet Justice Iftikhar Muhammad Chaudhry on 13.03.02007 due to the hindrances created by the security personnel deployed outside the Chief Justice House.
The Council also heard the viewpoint of the learned Attorney General for Pakistan and the counsel for the Referring Authority on the issue.The Supreme Judicial Council made it clear that there was absolutely no restraint on the respondent who can move freely and everyone has access to see him.
Insofar as the security measures are concerned, this aspect of the matter squarely falls within the jurisdictional domain of the executive/police. Therefore, the Council directed learned counsel for the Referring Authority to ensure that every step is taken in accordance with law.
The Council adjourned the hearing of the application to 21.03.2007 at 3 pm sharp. Later speaking on a private TV channel, the leading counsel, Chaudhry Aitzaz Ahsan said that the panel of advocates representing Justice Iftikhar does not want to politicise the Reference but wanted to contest it on legal and constitutional plain.
Another member of the defence panel Tariq Mahmood said that no time limit for such cases could be fixed or forecast since an earlier reference in 1971 took six months for decision.
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