A full bench of the Supreme Court will take up on Monday identical petitions challenging formation of the Supreme Judicial Council (SJC) and sending of a reference by President General Pervez Musharraf against Chief Justice Iftikhar Muhammad Chaudhry.
The bench comprises Acting Chief Justice Rana Bhagwandas, Justice Tassadaq Hussain Jillani and Justice Nasir-ul-Mulk. The petitions have been filed by Watan Party, through Barrister Zafarullah Khan, and 'Adliya Bachao Committee', through Dr Farooq Hassan.
Barrister Zafarullah Khan has relied on a judgement of the Supreme Court in 'Al-Jihad Trust' case, in which it was decided that "Acting Chief Justices were allowed to function for a short time and in the absence of a permanent Chief Justice, the composition of the SJC becomes imperfect and the body as such becomes non-functional."
Dr Farooq Hassan has pleaded that the Chief Justice of Pakistan is available; his office is not vacant; and he is not on leave, nor can he be suspended, or removed, like other Judges of the superior judiciary.
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