The Supreme Court here on Monday clubbed all petitions with regard to the appointment of Acting Chief Justice, formation of the Supreme Judicial Council and filing of reference against a sitting Chief Justice, and fixed these for hearing next week.
A three-member bench, headed by Justice Sardar Mohammad Raza Khan, took up the petition of Barrister Zafarullah Khan, of 'Watan Party'. However, on request by Dr Farooq Hassan, of 'Save the Judiciary Committee', and others, the Court clubbed all such petitions to come up for hearing next week.
THE PETITIONERS TOLD BUSINESS RECORDER THAT VERY PERTINENT CONSTITUTIONAL POINTS HAVE BEEN RAISED IN THESE PETITIONS, WHICH INCLUDE:
(a) whether the CJ is contemplated within Article 209 as a possible Judge against whom such process (Reference) can be initiated?
(b) Whether the Acting Chief Justice can preside over the Supreme Judicial Council?
(c) Whether an Acting CJ can function in the presence of a regular Chief Justice of Pakistan?
(d) Whether there is any power under the constitution for the Executive to 'suspend', or make a CJP 'non-functional'?
(e) If Judges, against whom 'references' are pending, can sit in the SJC?
(f) If mala fides is established in the Referring Authority's actions, can the reference be set aside.
(g) whether second senior Judge can function as Acting CJP.
(h) Can the Executive adopt 'draconian' measures against the fundamental rights of the CJP as consequence of filing a reference under Article 209. The three-member bench comprises Justice Sardar Mohammad Raza, Justice Chaudhry Ejaz Ahmad and Justice Hamid Ali Mirza.
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