The Think Tank of Pakistan Peoples Party (PPP) in its meeting on Sunday at Bilawal House Karachi discussed and deliberated upon the issue of removal of Chief Justice of Pakistan by General Pervez Musharraf through an action, which it termed mala fide and unconstitutional.
It felt that action of General Pervez Musharraf against the Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry is shocking and the manner in which he has been removed by summoning to the Army House. When he was performing his judicial functions in the Apex Court, and was forcibly stopped to go to the Supreme Court and escorted to his house. Where till date he is practically in wrongful confinement.
Executive members of the Pakistan Bar Council, President and other office bearers of the SCBA were not allowed access to the CJP so much so that even a Judge of the SCP was not allowed to meet the CJP by the guards deployed at his house.
The PPP think tank considers the removal of the CJP as an attempt to intimidate the judiciary and send a message to the honourable members of the court that they too can be removed on so called charges of corruption. Such charges have regularly been used to persecute those who oppose the regime.
While the Chief Justice of Pakistan had not taken up issues relating to the uniform, the court under him took up issues of public litigation including the attempt to abuse powers in the sale of the Pakistan Steel Mills at a throwaway price and taking notice of the disappearances, which are violation of human rights.
The Think Tank is firmly of the view that Article 209 or any other Provision of the Constitution does not empower the Army Chief or even the President to suspend or supersede the CJP of his constitutional status. It further views with grave concern the exclusion of the senior most Judge of the SCP Rana Bhagwandas from the composition of the SJC, which is a violation of Article 209 of the Constitution.
The think tank feels that this action is meant to intimidate the Superior Judiciary and seek re-election of General Musharraf from the existing Assemblies and postpone the General Elections in the country. Which cannot be countenanced by the civil society, which is suffering tremendously under the tyrannical rule of General Pervez Musharraf, and any further prolongation would be destructive to the motherland and virtual perpetuation of military rule upon Pakistan, which is a total negation of democracy in the country.
The think tank fully supports the PBC, SCBA, Provincial Bar Councils and Bar Associations of the country and the resolutions passed by them in their efforts to restore the independence and dignity of the Judiciary within the Parameters of the Constitution.