Non-functional Chief Justice Iftikhar Mohammad Chaudhry, the Pakistan Bar Council and the Supreme Court Bar Association have decided to challenge the validity of the Presidential Reference against CJ in the Supreme Court.
Vice President SCBA, Sahibzada Anwar told Business Recorder here on Tuesday that senior Supreme Court Advocates Chaudhry Aitzaz Ahsan, Ali Ahmad Kurd and Munir A. Malik would file petitions. The petition will be filed under article 184 of the constitution on behalf of Chief Justice Iftikhar, Pakistan Bar Council and the Supreme Court Bar Association respectively.
A three-member full bench of the Supreme Court, headed by Justice Sardar Mohammad Raza Khan is already hearing several petitions filed by "save the judiciary committee" and other concerned advocates questioning the legality of the Supreme Judicial Council, validity of the reference, and suspension of the Chief Justice of Pakistan. He said that role of the SJC is that of an inquiry committee whereas Supreme Court gives authoritative judgements and orders.
Constitutional experts say that the Presidential Reference has raised serious jurisprudence questions like (a) what is the status of the Chief Justice / Judge against whom a reference is filed, (b) can a Chief Justice be made non-functional or suspended, laid off or sent on forced leave (c) who will preside over the Supreme Judicial Council in the absence of the CJ, since it is mandatory under Article 209 that it should be presided over by the CJ, (d) what is the role of the Acting Chief Justice in the Constitution, (e) can a reference be filed against the CJ etc.