1 PCO JUDGES VALIDATED MARTIAL LAW OF MUSHARRAF History as reported by Daily Dawn Chaudhry Iftikhar named new CJ [Daily Dawn 2005] By Our Staff Reporter ISLAMABAD, May 7: President Pervez Musharraf on Saturday appointed Justice Iftikhar Mohammad Chaudhry, the senior most judge of the Supreme Court, as the next chief justice. He will assume the office on June 30 after retirement of the incumbent Chief Justice, Justice Nazim Hussain Siddiqui, on June 29. “The notification has ended speculations of appointment of a junior judge as chief justice in violation of the seniority principle settled under the 1996 Judges case,” commented a senior Supreme Court lawyer on condition of anonymity. Justice Chaudhry will reach the superannuation age of 65 years in 2012, which will make him one of the longest serving chief justices in the judicial history of Pakistan. He will serve as chief justice for over seven years. Earlier Justice A. R. Cornelius and Justice Mohammad Haleem served as chief justice for eight years from 1960 to 68 and 1981 to 89, respectively. Justice Chaudhry was elevated as a judge of the apex court on February 4, 2000. He has performed as acting chief justice from January 17 to 29, 2005. He holds the degree of LLB and started practice as an advocate in 1974. Later he was enrolled as an advocate of high court in 1976 and as an advocate of Supreme Court in 1985. In 1989, Justice Chaudhry was appointed as advocate-general of Balochistan and elevated to the post of additional judge in the Balochistan High Court in 1990. He also served as banking judge, judge of Special Court for Speedy Trials and Customs Appellate Courts as well as company judge. He served as the chief justice of the Balochistan High Court from April 22, 1999 to February 4, 2000. He was elected the president of the High Court Bar Association, Quetta, and twice a member of the Bar Council. He was appointed as the chairman of the Balochistan Local Council Election Authority in 1992 and for a second term in 1998. Justice Chaudhry also worked as the chairman of the Provincial Review Board for Balochistan and was appointed twice as the chairman of the Pakistan Red Crescent Society, Balochistan. Presently he is functioning as the chairman of the Enrolment Committee of the Pakistan Bar Council and Supreme Court Buildings Committee. Reference: Caudhry Iftikhar named new CJ By Our Staff Reporter May 8, 2005 Sunday Rabi-ul-Awwal 28, 1426 http://www.dawn.com/2005/05/08/top4.htm 2 Irshad new CJ: Saeed, five others refuse to take oath Rafaqat Ali Dawn Wire Service Week Ending : 29 January 2000 Issue : 06/05 http://www.lib.virginia.edu/areastudies/SouthAsia/SAserials/Dawn/2000/29jan00.html#irsh ISLAMABAD, Jan 26: The Chief Justice of the Supreme Court, Justice Saeeduzzaman Siddiqui, and five of his colleagues on Wednesday refused to take oath under the Provisional Constitutional Order promulgated by the chief executive on Oct 14, 1999. As a result, the six judges ceased to be the judges of the apex court. Justice Irshad Hasan Khan, a senior judge of the Supreme Court, took oath as new Chief Justice under the PCO. Those who refused to take oath, besides Justice Saeeduzzaman, were: Justice Mamoon Kazi, Justice Khalilur Rehman, Justice Nasir Aslam Zahid, Justice Wajihuddin Ahmad and Justice Kamal Mansur Alam. Apart from the six judges of the Supreme Court, nine judges of the four high courts also lost their jobs as they were not invited to take oath under the PCO. The judges of the apex court who took oath under the PCO are Justice Irshad Hasan Khan, Justice Mohammad Bashir Jehangiri, Justice Sheikh Ijaz Nisar, Justice Abdur Rehman Khan, Justice Sheikh Riaz Ahmad, Justice Mohammad Arif and Justice Munir A. Sheikh. Out of the SC's six judges who refused to take oath, five belong to Sindh and one from Punjab. Out of the sitting seven judges of the apex court, five are from Punjab and two from the NWFP. Notably, three out of the SC's six judges who refused to take oath were appointed judges to the high courts at a time when a PCO was enforced in the country by another military ruler, Gen Ziaul Haq. They were: Justice Saeeduzzaman, Justice Nasir Aslam Zahid, and Justice Khalilur Rehman Khan. Justice Saeeduzzaman told newsmen at his official residence on Wednesday that when he was contacted on Tuesday night by the authorities he made it clear that he would not take fresh oath under the PCO. He said what he did had been done in accordance with his conscience, adding that the rest of his (five) colleagues had made independent decisions. The judges of the Federal Shariat Court also took oath under the PCO. Justice Fazal Ellahi Khan, who was recently appointed Chief Justice of the FSC, took fresh oath of office with Justice Fida Mohammad Khan, Justice Mohammad Khiyar and Justice Chaudhry Mohammad Yousuf. Two judges of the FSC were not present in Islamabad on Wednesday and they would take oath under the PCO in a few days. The fresh oath came as a surprise to many as Justice Saeeduzzaman had repeatedly said that the Constitution was intact even after the military takeover and that the judges of the superior court were not required to take fresh oath. On Tuesday, Justice Saeeduzzman had constituted the full court bench to hear the petitions challenging the military takeover. The case was scheduled to be heard on Jan 31. Sources close to the legal experts of the government said that everything was going "smoothly" till a few days back when a petition, sponsored by the PML, was filed in the SC. The petition asked the apex court to proceed against Gen Pervez Musharraf under the High Treason Act for the military takeover. The petition was entertained by the SC office. Late. Benazir Bhutto is often quoted in favour of IFTI but read what she had to say on PCO. Independent judiciary vital to protecting people's rights: Benazir Dawn Wire Service Week Ending : 29 January 2000 Issue : 06/05 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/29jan00.html#inde 3 ISLAMABAD, Jan 27: Chairper-son of Pakistan People's Party and former prime minister Benazir Bhutto expressed her dismay on Thursday at the military regime's undermining the independence of judiciary by demanding loyalty from the country's top judges, and strongly supported those justices who had refused to take the oath of their office. "This is one giant and unfortunate step away from democracy," stated Ms Bhutto. "An independent judiciary is the foundation for protecting our people from abuses of powers," she said in a statement issued here by PPP media cell. "The removal of these respected justices for their support of the Constitution is an egregious mistake and repeats the worst offences of the Nawaz Sharif regime and General Zia's dictatorship to control the country through fiat, rather than through the rule of law." Ms Bhutto's statements came in response to the sacking of several top judges in Pakistan, including chief justice Saeed-uz-Zaman Siddiqui, for their refusal to sign an oath of allegiance to the Provisional Constitutional Order (PCO) that would prevent them from ruling against the military regime. "The people of Pakistan must ask whether it is a coincidence that the apex court was made subservient to the generals one week before their rule was to be challenged," she said. She further stated that this move by the junta was an "obvious attempt to solidify their power by removing anyone who stands against them and silencing all liberal voice of dissent." "The people of Pakistan have put their faith in the Constitution. We must return our nation to the rule of law, not the rule of the sword, or watch helplessly as prosperity and opportunity for our people passes us by," she added. Ms Bhutto said she was disappointed that action had been taken against judges, most of whom had a reputation for independence and integrity. On the other hand, some of the controversial and politicized judges had been retained. However, she noted that new Chief Justice Irshad Hasan Khan was respected as were most of the judges in the Supreme Court who had been retained. LHC rejects pleas against Musharraf's presidency Staff Reporter DAWN WIRE SERVICE Week Ending : 30 June 2001 Issue : 07/26 http://www.lib.virginia.edu/areastudies/SouthAsia/SAserials/Dawn/2001/jun3001.html#lhcr LAHORE, June 27: The Lahore High Court summarily dismissed three writ petitions challenging the assumption of the President's office by Chief Executive Pervez Musharraf. The petitions were filed by Advocates MD Tahir, Amir Sohail and Hanif Tahir. The first-mentioned two argued at some length while the last-mentioned told Justice Khalilur Rahman Ramday, who heard the petitions, that he had reservations about him on account of his pro-government sympathies but would, instead of seeking transfer, leave the matter to his conscience. Advocate MD Tahir said frequent military interventions, prompted by politicians and invariably condoned and validated by the judiciary, have greatly damaged Pakistan in all spheres of life. Advocate Amir Sohail submitted that the Supreme Court recognized Gen Pervez Musharraf as chief executive for three years and his elevation to the office of President was repugnant to the SC judgment in Zafar Ali Shah's case. Under the judgment and the provisional constitution order validated by it the country is to be governed as nearly as possible in accordance with the provisions of the 1973 Constitution. Mr Rafiq Tarar could not have been removed except by impeachment. Justice Ramday observed that the 1973 Constitution was in existence by virtue of the PCO as amended from time to time and dismissed the three petitions. Governors authorized to amend studies/SouthAsia/SAserials/Dawn/2001/jun3001.html#gove laws http://www.lib.virginia.edu/area- ISLAMABAD, June 29: President and Chief Executive Gen Pervez Musharraf on Friday empowered the governor of a province to alter, amend or repeal laws and ordinances. Gen Musharraf, in exercise of the powers conferred by Article 5 (1) of the Provisional Constitution order No.1 of 1999, and in exercise of all other power enabling him in that behalf, "has authorized the governor of a province to alter, amend or repeal any laws and Ordinances," said a notification of the cabinet division here.-APP 4 Five judges elevated to SC Bureau Report DAWN WIRE SERVICE Week Ending : 5 February 2000 Issue : 06/05 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/05feb00.html#five ISLAMABAD, Feb 2: The government elevated five judges to the Supreme Court on Wednesday. According to a notification, the president has appointed Justice Rashid Aziz, Chief Justice, Lahore High Court; Justice Nazim Hussain Siddiqui, Chief Justice Sindh High Court; Justice Iftikhar Mohammad Chaudhry, Chief Justice, Balochistan High Court; Qazi Farooq, former chief justice of Peshawar High Court; and Justice Rana Bhagwan Das, judge, Sindh High Court, judges of the Supreme Court. After the elevation of Justice Rashid Aziz Khan to the SC, Justice Mohammad Allah Nawaz has been appointed Chief Justice of Lahore High Court. Justice Deedar Hussain Shah has been appointed Chief Justice of Sindh High Court and Justice Javed Iqbal Chief Justice of Balochistan High Court. After these appointments, the number of SC judges has risen to 12, leaving five posts vacant. Takeover in 'national interest': Assemblies, Senate dissolved By Ihtashamul Haque DAWN WIRE SERVICE Week Ending : 23 June 2001 Issue : 07/25 http://www.lib.virginia.edu/areastudies/SouthAsia/SAserials/Dawn/2001/jun2301.html#take ISLAMABAD, June 20: The Chief Executive, Gen Pervez Musharraf, assumed the office of President with a pledge that elections would be held in the country by Oct 2002 as directed by the Supreme Court of Pakistan. Talking to journalists after being administered the oath of office by the Chief Justice, Irshad Hasan Khan, at the Aiwan-i-Sadar, President Gen Pervez Musharraf said he had assumed the office of the president in the "supreme national interest." The oath-taking ceremony was attended by cabinet members, provincial governors, corps commanders, services chiefs and the diplomatic community. An official announcement made earlier in the day said that Mr Rafiq Tarar had ceased to hold the office of the president with immediate effect. This followed the dissolution of the suspended parliament including the Senate, the National Assembly and the four provincial assemblies. Two amendments have been made in the Provisional Constitutional Order to effect the removal of Rafiq Tarar and induction of Gen Musharraf as the president. A proclamation order was read out after the oath-taking ceremony of the President which said: "General Pervez Musharraf has entered upon the office of the President of Islamic Republic of Pakistan under the President's Succession Order 2001. Therefore, let it be known to all and sundry that General Pervez Musharraf took oath of office as President and assumed the office of the President of Pakistan." After the ceremony, Gen Musharraf told reporters that his decision to take over as the president was led by constitutional, political and economicconsiderations. He, however, made it clear that general elections would be held by October next year as was directed by the Supreme Court of Pakistan. "I feel in all humility that if I have a role to play for this nation I will not hesitate whatever decisions are involved. I hold national interests supreme. I personally think with all sincerity and honesty that I have a role to play in this nation. I have a job to do here and therefore I cannot and will not let the nation down," said the new President who continues to be the Chief Executive and the Army Chief. He said he had taken over as the President of Pakistan through an amendment to a clause of the PCO of Oct 14, 1999, which allowed continuity of the ex-president of Pakistan. "I have been thinking of this change for some months. This has been one of the most difficult decisions that I have taken. It was difficult because it involved myself, doing something which I have never done in my life. In my entire career I have never done anything for myself. God has been kind and continues to be kind to me. I bow my head before Him for all the bounties that He has showered on me. I will bow in more humility as I rise," he said. As far as the political process is concerned, he said, there was no change whatsoever. "Let there be no doubt that there is no change in our intentions for the future". He said the Supreme Court ruling directing the government to hold elections by October 2002 was very clear. "We will abide by that". Local government elections up to district level would be completed by August 14. Provincial and national elections would be held on schedule next year, he added. Political activity would continue as before, he assured. 5 "I think I must tell you why I decided to take over as the president of Pakistan," he said, adding that the first consideration was constitutional. As the assemblies, according to the PCO of Oct 14, 1999, were suspended there was a degree of uncertainty whether these assemblies were being restored or not. Then the Supreme Court judgment which validated the action of suspending the assemblies made it easier for me to decide about the dissolution of assemblies. "With the dissolution of the assemblies, the office of the President who was elected by these assemblies, became untenable." He said the second consideration was political consideration. He said his major concern for Pakistan was political stability and harmony. "I have been saying that I would like to place appropriate checks and balances on superstructure of the political environment. I will ensure and guarantee the continuity and sustainability of all the reforms and restructuring that my government is doing. I will ensure that national interest will remain supreme over personal and political interest." President Musharraf said the third consideration was economic consideration where the entire business community and foreign investors were waiting and asking for proof of continuity and sustainability of all the reforms that the government was now undertaking. "I thought I can give this proof and also help improve the economic environment of Pakistan, if I undertake this change. It was basically the constitutional issue, political and economic considerations which led me to this decision and above all this decision has been taken in the supreme national interest," he said. Orders issued to give legal cover to action By Rafaqat Ali DAWN WIRE SERVICE Week Ending : 23 June 2001 Issue : 07/25 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/jun2301.html#orde ISLAMABAD, June 20: Chief Executive Gen Pervez Musharraf elevated himself as the President of Pakistan for an indefinite period through a Succession Order 2001 here on Wednesday. "The Chief Executive shall hold office as President until his successor enters upon his office," the CE Order No 3 of 2001, called as Succession Order 2001, said. The Supreme Court in its judgement validating the military takeover, had ruled that general elections should be held before the October 12, 2002. The CE Order further states: "Upon the office of the President becoming vacant for any reason whatsoever, the Chief Executive of Pakistan shall be the President of Islamic Republic of Pakistan and shall perform all functions assigned to the President by or under any law." General Ziaul Haq had fixed a five-year period for himself as the president of Pakistan. The Order No 2 of 2001 issued by the Chief Executive stated that the "person" holding the office of the President of the Islamic Republic of Pakistan, immediately before the commencement of the Proclamation of Emergency (Amendment) Order 2001, shall "cease" to hold the office. For dissolving the parliament and provincial assemblies, the CE order stated that the order of suspending the same on October 14, 1999, should now be read as: "The National Assembly, the Provincial Assemblies and Senate shall stand dissolved with immediate effect." Chief Justice of Pakistan will be the acting president of Pakistan in the absence of the president, a departure from the recent pronouncements by the apex court holding that it was violative of the principle of trichotomy of power. "If the President, by reason of absence from Pakistan or any other cause, is unable to perform his functions, the Chief Justice of Pakistan is also absent from Pakistan, the most senior judge of the Supreme Court shall perform the functions of President until the President returns to Pakistan," Chief Executive Order No 3 of 2001 says. The practice of holding the executive office by the judges was abandoned in 1996 after the Supreme Court decision in Judges Case. The first violation of the Judges Case took place when the military government appointed Justice Faqir Khokhar as Federal Law Secretary. Former President Mohammed Rafiq Tarar who "ceased" to hold office on Wednesday remained president for three years, six months and 20 days. He assumed office on Jan 1, 1998. He was the ninth head of the state of the country. He was the candidate of Pakistan Muslim. Chief Executive Gen Pervez Musharraf called on the outgoing President Mohammed Rafiq Tarar at the Aiwan-i-Sadar on Wednesday morning, said an official announcement. 6 The CE remained with the outgoing president for nearly an hour during which various issues of national importance came under discussion, it said. Gen Pervez Musharraf said that there were no words to express his gratitude to Rafiq Tarar whom he always held in the highest esteem. Tarar says he was replaced by virtue of PCO Staff Reporter DAWN WIRE SERVICE Week Ending : 23 June 2001 Issue : 07/25 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/jun2301.html#tara LAHORE, June 20: Former president Rafiq Tarar, said that he had been replaced by virtue of the PCO. He said a few days back he was approached and told that for effective implementation of the government agenda and attainment of the national goals, elevation of Gen Pervez Musharraf to the office of the president was necessary. Mr Tarar said at his first meeting after the military takeover, Gen Musharraf had told him that he should continue as president in the larger national interest and he had agreed. As president, Mr Tarar said, he avoided confrontation and cooperated with the government. He said the military leadership consulted him on important national issues. He thanked the press and the nation for their cooperation. SC verdict on military take-over stands; polls in 2002 Rafaqat Ali DAWN WIRE SERVICE Week Ending : 10 February 2001 Issue : 07/06 http://www.lib.virginia.edu/areastudies/SouthAsia/SAserials/Dawn/2001/feb1001.html#scve ISLAMABAD, Feb 7: The Supreme Court on Wednesday refused to change its earlier order of validating the military take-over on the basis of the doctrine of necessity. Dismissing the review petition filed by the PML through Wasim Sajjad, chairman of the suspended senate, the court held that the period of three years was granted to the military government after considering all the "relevant factors" and "practical realities". The government, which was asked by the apex court on Tuesday to come up with its election plan, "reaffirmed" its assurance of holding elections before Oct 12, 2002. Syed Sharifuddin Pirzada, counsel for the federation, stated: "Under instructions from the competent authority, I reaffirm the assurances which have (already) been given." He also referred to the chief executive's recent interview in which he was quoted as saying that the Supreme Court order, requiring restoration of elections within three years, would be adhered to. Under the Supreme Court judgment passed on May 12, the military government is required to complete the process of elections within three years, starting from Oct 12, 1999. In its 22-page short order on the review petition, the 11-man bench said: "We are firmly committed to the governance of the country by the people's representatives and we reiterate the definition of the term democracy to the effect that it is government of the people, by the people and for the people, and not by the army rule for an indefinite period." The court held that it would not make any comment on the exile of former prime minister as the matter was sub judice. Similarly, it said, the matter relating to accountability under the National Accountability Bureau was also sub judice. The court held that the validation and legitimacy accorded to the present government was conditional and interlinked with the holding of general elections to the National Assembly and provincial assembles and the Senate within the time-frame laid down by the Supreme Court, leading to the restoration of democratic institutions. The court further stated that there was no glaring or patent mistake floating on the surface in the judgment under review. "Nothing has been overlooked by the court, nor has it failed to consider any aspect of the attending matters." Due to the situation prevailing on or before October 12, 1999, for which the Constitution provided no solution, the armed forces had to intervene to save the state from further chaos and to maintain peace and order, economic stability, justice, good governance as well as to safeguard the integrity and sovereignty of the country as dictated by the highest considerations of the state, necessity and welfare of the people, the court maintained. The court held that the petitioners could not be permitted to re-argue the case and seek reversal of conclusions earlier reached by the Supreme Court after the full application of mind. 7 It observed that no one could disagree with the opinion that Pakistan must have democracy, and any obstacles in respect of achieving that goal must be overcome. The bench held that when the country was faced with grave crisis, the constitutional maintenance demanded that the court should interpret the proclamation of the PCO in such a way as to authorize whatever power and measures were necessary to cope with the emergency. The court recalled that Khalid Anwar, who had argued the original petition of the PML, had rightly said that he would not request the court "to do the impossible." CJC vows action against lower staff also Rafaqat Ali Week Ending : 27 May 2000 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/may27.html#cjcv Issue : 06/20 ISLAMABAD, May 22: The Chief Justices Committee, comprising chief justices of the Supreme Court, Federal Shariat Court and the four high courts, on Monday resolved to weed out corruption from the judiciary. A meeting of the CJC noted that the Supreme Court in its May 12 short order passed on the petitions challenging the military takeover had held that the process of accountability shall be accelerated in a coherent and transparent manner, and it shall be just, fair and in accordance with law. The CJC, presided over by Justice Irshad Hasan Khan, Chief Justice of Pakistan, decided to vigorously pursue the process of accountability among judges. It approved the suggestion from the chair that judges should not involve themselves in public controversies and should not attend public functions except the functions of the bar. It resolved that any deviation from the code of conduct will constitute a "grave fault". The committee decided to expedite the disciplinary inquiry proceedings against allegedly corrupt and inefficient judicial officers in the subordinate judiciary in all the provinces. It resolved that all the pending cases of accountability and indiscipline against the judicial officers should be completed expeditiously but not later than 90 days from May 22. The CJC resolved that the respective chief justices of the high courts should ensure the completion of inquiry proceedings within the said period and inform the chief justice of Pakistan about the outcome for consideration at the next meeting of the committee. It directed the judicial officers of subordinate courts to keep vigilance on the staff of their respective courts and take action against the inefficient and corrupt officials, in accordance with the prescribed procedure for eliminating corruption and graft from the judicial administration forever. The committee noted that after the first meeting of the CJC on Feb 26, the efficiency of courts had improved and there had been an overall improvement in the system of dispensation of justice. "A reasonably good advance has been made in the disposal of cases, falling in special category namely cases of widows, orphans, family suits, including suits for custody of minors, and other family disputes." The meeting was attended by Justice Mohammad Bashir Jehangiri, senior puisne judge of the Supreme Court; FSC's Chief Justice Fazal Ilahi Khan, LHC's Chief Justice Allah Nawaz, SHC's Chief Justice Saeed Ashhad, PHC's Chief Justice Sardar Mohammad Raza Khan, and BHC's Chief Justice Raja Fayyaz Ahmed. APP adds: The CJ proposed the adoption, among others, of the following resolution: The CJC reviewed the state of implementation of the earlier decisions and measures recommended by the committee for quick disposal of cases, particularly family suits, rent cases involving ejection from houses, cases of widows and orphan children and minor criminal cases. The committee resolved that all such cases shall be positively disposed of by the specified date i.e. May 31. Politicians in power try to be dictators, says CJ Bureau Report DAWN WIRE SERVICE Week Ending : 4 March 2000 Issue : 06/10 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/mar04.html#poli 8 ISLAMABAD, March 1: The Chief Justice of Pakistan, Irshad Hasan Khan, on Wednesday observed that when the politicians are in power, they try to become dictators but when they are out of power, they become champions of the rule of law. Presiding over a 12-member bench seized of the seven petitions challenging the military takeover, the chief justice directed the attorney general to provide details of the expenditure on holding elections, including the expenses made by the candidates on their election campaigns. The Supreme Court announced that it would decide the issue of maintainability and merits of the case simultaneously. The chief justice said the court had entertained the petitions. The bench started regular hearing of the petitions on Wednesday. The court first took up the petition of Syed Zafar Ali Shah, suspended MNA of PML from Islamabad. The representative petition of PML would be taken next and Khalid Anwer would argue the case on behalf of the party. Other petitions before the court are of Syed Imtiaz Hussain Bukhari, challenging the PCO; Fazal Ellahi Siddiqui, challenging the PCO; Shahid Orakzai, seeking restoration of Senate, office of speakers and provincial assemblies; Al-Jehad Trust, seeking restoration of Constitution to the extent of judiciary; and Syed Iqbal Haider of MWM, seeking validation of PCO. The bench consisted of Justice Irshad Hasan Khan, Justice Mohammad Bashir Jehangiri, Justice Sheikh Ijaz Nisar, Justice Abdur Rehman Khan, Justice Sheikh Riaz Ahmad, Justice Chaudhry Mohammad Arif, Justice Munir A. Sheikh, Justice Rashid Aziz Khan, Justice Nazim Hussain Siddiqui, Justice Iftikhar Mohammad Chaudhry, Justice Qazi Mohammad Farooq and Justice Rana Bhagwandas. The chief justice made it clear at the outset that the counsels should try to be relevant and unnecessary repetition of arguments should be avoided. He said the whole work of the court was suspended due to the present case. Chaudhry Farooq, the counsel of Mr Shah, said that on the last hearing the petitioner had apprehended that the judges of the court would be asked to take fresh oath under the PCO and his apprehensions proved to be true. He said the PCO (1) of 1999 and subsequent orders were unconstitutional, having no force of law. The chief justice asked the parties to avoid mud-slinging, and added that: "we will perform our function without intimidation." He observed that the bar and the bench were integral part of the chariot of justice. He said his effort was to save the system and referred to the decisions of the Chief Justices Committee. The counsel said: "Pakistan was a gift of our forefathers, but unfortunately the rule of law had been interrupted at regular intervals. In its total life, Pakistan had suffered military rule for 30 long years". He said the government in its reply to the petitions had said that the elections of Feb 3, 1997, were farce. The elections in which PML obtained heavy mandate were monitored by the observers across the globe, he said, and added the armed forces were employed to supervize the elections. On the court's query, Barrister Khalid Anwar stated that 36 per cent of voters used their right of franchise in the 1997 elections. Chaudhry Farooq said if the government of Khawaja Nazimuddin would not have been dismissed, the fate of Pakistan would have been different. He said Pakistan was created with the force of vote and not through any military operation. "Both citizens and soldiers are subject to Constitution alike." Referring to Article 6 of the Constitution, he said abrogating the Constitution was treachery with the country. When he stated that the respondents had not replied to the Politicians in power try to be dictators: CJ challenge he raised in the petition, the chief justice observed that the counsel was trying to be hyper technical. The CJ made it clear to the counsel that notice of the case to the chief of the army staff was there. The counsel said he was firm believer that the Kafir (infidel) could not be a friend of Muslim and Hindus being Kafir could not be trusted. When the counsel referred to a judgment from the Indian jurisdiction, the court asked him not to cite Indian judgments in the present case. When the counsel started reading an old judgment from Pakistani jurisdiction, the chief justice asked the counsel to first read the speech of the chief executive in which he had spelt out the reasons which forced him to come into power. The counsel was still reading the speech of Gen Musharraf when the court rose to assemble again on Thursday (March 2). 9 Exile put judiciary's credibility at stake: SCBA president DAWN WIRE SERVICE Week Ending : 06 January 2001 Issue : 07/01 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/jan0601.html#exil SUKKUR, Jan 5: The president of Supreme Court Bar Association, Abdul Haleem Pirzada, has said that the exile of former prime minister Nawaz Sharif had staked the credibility of the judiciary, and time would come when this case would be reopened. Speaking at a press conference here on Friday, he said that the President had no legal power under Article 45 of the Constitution to send Nawaz Sharif into exile. This even amounted to jailbreak by the present government, he remarked. He said that Nawaz Sharif had been a convict in the plane hijacking case, moreover so many cases were pending in the courts. He questioned the validity of this action as in what capacity the government would answer the courts when these cases are heard? He said with this act the judicial system had lost its credibility, and once the people loose their faith in the system no one can stop them from resorting to unconstitutional and unlawful methods to achieve their rights. He said there was no clause in the Constitution, which could empower the government or the President to exile anybody to a foreign country, nor there was any precedence in Islamic Shariat. He termed the Provisional Constitutional Order an unlawful act of the government, and said that the decisions under the PCO was challengable. He said the judicial system had been under jeopardy, because the judges took a wrong turn by taking oath under the PCO. State views sought on Benazir's plea Rafaqat Ali DAWN WIRE SERVICE Week Ending : Issue : 07/9 3 March 2001 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/mar0301.html#stat ISLAMABAD, Feb 26: A seven-member bench of the Supreme Court on Monday started hearing of the appeals of Benazir Bhutto and her husband Asif Ali Zardari against their conviction, and sought state views on the request of Ms Bhutto seeking placement of tapes containing conversation of Justice Qayyum and others on the record. An Ehtesab Bench of the LHC, comprising Justice Malik Qayyum and Justice Najmul Hasan Kazmi, had convicted Benazir Bhutto and AsifAli Zardari on April 15, 1999, and sentenced them to undergo five years' imprisonment each, and to pay fine of $8.6 million each. The Ehtesab court had also ordered their disqualification as members of the parliament for five years, and ordered forfeiture of their property made with money acquired through corruption. The SC bench which started proceedings on Monday comprised Justice Bashir Jehangiri, Justice Sheikh Riaz Ahmad, Justice Munir A Sheikh, Justice Nazim Hussain Siddiqui, Justice Iftikhar Mohammad Chaudhry, Justice Qazi Mohammad Farooq, and Justice Abdul Hameed Dogar. The prosecution case was that pre-shipment inspection contract was awarded to M/s SGS in consideration of 6 per cent commission of total amount received by the company from the Government of Pakistan. The commission was paid to offshore company, Bomer Finance Inc., owned by Asif Ali Zardari, his agent Jens Schlegelmilch. The ultimate beneficiaries of these commissions were Asif Ali Zardari and Benazir Bhutto, the prosecution had alleged. On Monday Abdul Hafeez Pirzada, counsel for Asif Zardari, opened the arguments. At the outset, he requested the court to direct the federation to place the tapes on the basis of which Sunday Times published a story, on the record. The counsel further requested the court that his client Asif Zardari should be produced in the court for facilitating him to seek his instruction from time to time as he was not in a position to visit jails for instructions. Another request which the counsel made was to summon Salvatore Alfersano, an expert on Swiss law, to appear in the court for assisting the court. Abdul Hafeez Pirzada also requested the court to place on record the legal opinion of prominent jurists of the world on the trial of his client. The court asked the Attorney General, Aziz A Munshi, and other counsel representing the State to submit their point of view by Wednesday. The court, however, made it clear that it would not like to adjourn the proceedings and continue hearing of the appeals. The court was informed by the appellants' counsel that they would not be attending the proceeding on Tuesday as the Pakistan Bar Council and 10 the Supreme Court Bar Association have given call for boycotting the proceedings on Tuesday. A political conviction: counsel Rafaqat Ali DAWN WIRE SERVICE Week Ending : 17 March 2001 Issue : 07/11 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/mar1701.html#apol ISLAMABAD, March 16: Raja Anwar, counsel for Benazir Bhutto, on Friday argued that his client was convicted only because Nawaz Sharif, the then prime minister, wanted her to leave politics. Addressing a seven-member SC bench, hearing appeals of Benazir Bhutto and Asif Zardari against their conviction, Raja Anwar argued that the Ehtesab Bench, comprising Justice Malik Qayyum and Justice Najmul Hasan Kazmi, had convicted his client on the basis of documents which were inadmissible. The process of awarding pre-shipment inspection contract which was set in motion in 1992 during the Nawaz Sharif government, culminated in 1994, the counsel said. The counsel said there was no violation of Financial Rules of the Government of Pakistan in the award of tenders. He said tenders could only be rejected after assigning any reasons in writing. When he referred to rule 90 of Pakistan's Financial Rules, Justice Bashir Jehangiri observed that in Pakistan every contract was awarded in violation of rules. At the end of every tender notice it was written that the competent authority reserved the right to reject the bids without assigning any reason. He said his client did not grant the contract, rather it approved it. The contract was awarded by Nawaz Sharif who had issued letter of intent before he was removed from office. The seven-member bench consists of Justice Bashir Jehangiri, Justice Sheikh Riaz Ahmad, Justice Munir A. Sheikh, Justice Nazim Hussain Siddiqui, Justice Iftikhar Mohammad Chaudhry, Justice Qazi Mohammad Farooq, and Justice Abdul Hameed Dogar. Responding to court's question about Jens Schlegelmilch's stay in Islamabad in Aug 1994, Raja Anwer said that there was nothing on record to show that the alleged frontman of Asif Zardari, Jens Schlegelmilch, met Benazir Bhutto. Justice Nazim Hussain Siddiqui observed whether it was possible for any official to investigate the sitting prime minister, the counsel said that his client was not prime minister at the time when investigations were being conducted. On conclusion of the proceedings on Friday, the court asked Raja Anwer to conclude his arguments by Monday as many other cases are suffering because of lengthy hearing of the case. The counsel, who had earlier indicated that he would conclude by Friday, said that he needed at least one more day to conclude his arguments. Raja Anwer assured the court that he would conclude his arguments by Monday next. The court will resume hearing on Monday, March 19. Asif's cases be placed before one bench: SC Staff Reporter DAWN WIRE SERVICE Week Ending : 15 September 2001 Issue : 07/37 http://www.lib.virginia.edu/areastudies/SouthAsia/SAserials/Dawn/2001/sep1501.html#case ISLAMABAD, Sept 11: The bench, comprising Justice Iftikhar Mohammad Chaudhry and Justice Hamid Ali Mirza, directed the SC office to place all the pending cases of Asif Zardari before the Chief Justice for placing those before the bench. Asif Zardari has filed a number of petitions in the Supreme Court, including the one seeking transfer of all his cases to courts working in Sindh. Barrister Abdul Hafeez Pirzada, Farooq H. Naik and Raja Shafqat Abbasi appeared on behalf of Asif Zardari. When the petition seeking transfer of Asif Zardari's cases was taken up, Abdul Hafeez Pirzada stated that the SC had passed an order that Asif Zardari would be kept in Rawalpindi for three months and if his cases could not be completed in this period, he would be shifted to Sindh for three months. The counsel said three month's period expired on Aug 16, but his client was not shifted to Karachi for appearing in cases pending in courts in Sindh. Raja Bashir, Prosecutor General Accountability, stated that a review petition against the Supreme Court order of transferring Asif Zardari to Karachi after three months, was pending in the court. He said the cases could not be decided due to delaying tactics employed by the defence. 11 SC orders retrial of Benazir, Asif Rafaqat Ali DAWN WIRE SERVICE Week Ending : 07 April 2001 Issue : 07/14 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/apr0701.html#scor ISLAMABAD, April 6: The Supreme Court on Friday set aside corruption convictions awarded by the LHC's Ehtesab bench to Benazir Bhutto and Asif Zardari, and ordered a retrial of the case. In a short order, the sevenmember bench accepted the appeals of Ms Bhutto and Mr Zardari against the 1999 conviction. The detailed judgment would be announced later. The former prime minister and the suspended senator had requested the apex court to acquit them honourably. Justice Bashir Jehangiri, presiding judge of the bench, announced the verdict at 10.50am: "Reason to be recorded later in the detailed judgment, we accept the appeals and set aside the impugned judgment recording conviction against and awarding sentences to the appellants, and send the case to a court of competent jurisdiction for retrial." On April 15, 1999, an Ehtesab bench consisting of Justice Malik Qayyum and Najmul Kazmi of the Lahore High Court had convicted Ms Bhutto and Mr Zardari. They were sentenced to undergo five years' simple imprisonment each, and pay $8.6 million fine each. The Ehtesab bench had ordered their disqualification as members of parliament for five years, and forfeiture of their property made with money acquired through corruption. The Ehtesab bench had held that the pre-shipment inspection contract to the Swiss company, SGS, had been awarded by the former prime minister "alone" at the behest and abetment with Mr Zardari. The prosecution case was that the contract had been awarded in consideration of 6 per cent commission of the total amount received by the SGS from the government of Pakistan. The prosecution had alleged that the commission had been paid to an offshore company, Bomer Finance Inc., owned by Mr Zardari through his fiduciary agent Jens Schlegelmilch. The ultimate beneficiaries of the commission were Mr Zardari and Ms Bhutto, according to prosecution. Farooq Hameed Naek, counsel for appellants, said after the judgment: "I am satisfied ... but not happy. I was expecting honourable acquittal but this is the court's judgment." The military government had inherited the case from the PML government and defended the judgment vehemently, spending over Rs10 million in legal fees and other expenses. The Supreme Court bench consisted of Justice Bashir Jehangiri, Justice Sheikh Riaz Ahmed, Justice Munir A. Sheikh, Justice Nazim Hussain Siddiqui, Justice Iftikhar Mohammad Chaudhry, Justice Qazi Mohammad Farooq, and Justice Abdul Hameed Dogar. Supreme Court judges' strength completed DAWN WIRE SERVICE Week Ending : 29 April 2000 Issue : 06/18 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/apr29.html#supre ISLAMABAD, April 25: President Mohammad Rafiq Tarar on Tuesday appointed five judges to the Supreme Court of Pakistan. With the appointment of these judges, the strength of the Supreme Court judges, i.e. 17, stands completed. The newly-appointed judges include Justice Mian Mohammad Ajmal, Chief Justice, Peshawar High Court; Justice Deedar Hussain Shah, Chief Justice, High Court of Sindh; Justice Javed Iqbal, Chief Justice, High Court of Balochistan; Justice Hamid Ali Mirza, judge, High Court of Sindh and Justice Abdul Hameed Dogar, judge, High Court of Sindh. These judges have been appointed to the SC from the date they respectively take upon themselves the execution of their offices as such judges. Following are the names of the judges of the Supreme Court according to their seniority: 1. Justice Irshad Hassan Khan, Chief Justice of Pakistan, 2. Justice Mohammad Bashir Jehangiri, 3. Justice Sheikh Ijaz Nisar, 4. Justice Sheikh Riaz Ahmed, 12 5. Justice Ch. Mohammad Arif, 6. Justice Munir A. Sheikh, 7. Justice Abdul Rehman Khan 8. Justice Rashid Aziz Khan, 9. Justice Nazim Hussain Siddiqi, 10. Justice Iftikhar Mohammad Chaudhry, 11. Justice Qazi Mohammad Farooq, 12. Justice Rana Bhagwan Das, 13. Justice Mian Mohammad Ajmal, 14. Justice Deedar Hussain Shah, 15. Justice Javed Iqbal, 16. Justice Hamid Ali Mirza, 17. Justice Abdul Hameed Dogar.-APP Justice – II By Ardeshir Cowasjee Week Ending : 08 September 2001 Issue : 07/36 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2001/sep0801.html#just "The first duty of a government is to maintain law and order so that the life, property and religious beliefs of its subjects are fully protected by the state," said Mohammad Ali Jinnah on August 11 1947. Thousands may exclaim, "Does the man not know that Jinnah's Pakistan died with him one year later?" The chehlum of Shaukat Raza Mirza, so brutally murdered, was held two days ago. During the period since he was killed, there has been speculation as to the reason. Half of officialdom maintains that it was on account of his being a high-profile Shia high executive; the other half says it was because he was doing too good a job heading the Pakistan State Oil, the premier oil company of this country and had unearthed humongous scams. He was gunned down in broad daylight, in the middle of a public thoroughfare. His murderers have not yet been identified or found and brought to justice. During this past week two Shia surgeons have closed their clinics and are going abroad, taking with them their knowledge in their heads and hands, and justifiably so as they do not wish to be killed merely because they happen to be Shias. So much for life in Pakistan. My first column on justice dealt with life. We now deal with property. Again, I say, lest someone should hasten to deem otherwise, I am not writing this column in this newspaper of record with any intent to commit contempt of the chief justice of Pakistan, or of any other honourable justice of the Supreme Court, or of any other court of Pakistan. The chief justice of China visited Islamabad this summer. During his discussions with our own chief justice, Justice Irshad Hasan Khan, Justice Khan expressed a desire to visit China and meet other Chinese judges of the superior courts and explain how well Justice was dispensed in Pakistan. The inscrutable Chinese, ever wanting to learn, have now invited him to visit his country. Justice Khan is leaving for Beijing on September 3 for a ten-day visit, and so that other judges may also not only benefit from the Chinese experience but aid him in expounding how our justice system works. He is taking with him Supreme Court Justices Sheikh Riaz Ahmed, Iftikhar Mohammad Chaudhry, Qazi Mohammad Farooq, Syed Deedar Hussain Shah, law secretary Justice Faqir Mohammad Khokar and secretary of the Law Commission Justice Faqir Hussain. They should all be back with us by Monday, September 17, so that the Supreme Court will be fully functional again, having reconvened on September 5 following its three months summer vacation. The cause of justice in Pakistan will suffer for a fortnight and the visit will cost our exchequer some million rupees, and the Chinese some more millions - all worthwhile taking into account the benefits to be had by the Chinese and our own judges. 13 All for the better. In China they may meet a pupil of the Great Master who may convey to our men one of the foremost thoughts of their old Sage : "He who knows what he knows, and knows what he knows not, is the one who knows" Now to property, and a tale which should neither shock nor surprise anyone familiar with the administration of justice in Pakistan. My grandfather, Fakirjee Cowasjee, held and possessed what the family considered to be among the best properties of Karachi – a rectangular plot admeasuring some 8,500 square yards of prime vacant land situated in the centre of the city, to the west of where the Marriot Hotel and the American consulate now stand. In 1939, soon after war was declared in Europe and before his plans to develop the plot could be executed, he died. The British government requisitioned the property for the duration of World War II and some temporary structures were constructed on it. After the war, the British asked for time to wind up their affairs and before they could derequisition it, Karachi became the capital of Pakistan and the land was requisitioned by the government of Pakistan. It remained so until 1985 when it was acquired by the government. We claimed compensation, as provided for in law, Rs 6,000 per sq yd, the requisitioning commissioner awarded us Rs.3,000 per sq yd. The government has so far paid us Rs.1,100 per square yard. We appealed, we filed a reference in the High Court. In the meantime my father Rustom died at the age of 91 in 1992. The matter is still pending settlement. When it is decided the loser will file an appeal before a division bench of the High Court, and when that is decided a further appeal will be made to the Supreme Court. My brothers and I are now in our mid-seventies, and the eldest of the next generation is 50. By the time the case is finally decided the fourth generation may also have departed to meet their maker. Seventy years? What happens elsewhere? Say, in London, under the British system of justice? Let's take a case involving the Mians of Lahore – Shahbaz Sharif, Mohammad Sharif and Abbas Sharif - and the Hudaibiya Paper Mills Limited, who borrowed millions of dollars from Investment Funds Limited, a concern operated by Al-Tawfik Company, and in true Pakistani fashion did not repay it. Al-Tawfik went to court in London. On September 4, 1998, a master of the court, Master Rose, served an order on Hudaibiya and the Mians, who then filed an application before Justice Buckley of the Queen's Bench Division of the High Court of Justice of England, seeking that the order and service of proceedings be set aside. On February 5, 1999, the judge wrote a one-page order refusing the application. On March 16, 1999, the court delivered its judgment ordering the Mians to repay the loan. It was not repaid by November 5, 1999, on which date Master Trench by a one-page order had the London properties of the Mians attached. The Mians then decided to pay up and a 'consent order' was signed by the lawyers of the two parties on January 25, 2000. The entire matter was settled within 16 months. Again, in London. In the Court of Appeal, on July 29 and 30 1983 Lord Justice Ackner and Justice Oliver sat to hear an appeal in the matter of Continental Grain Co. of the USA versus Islamic Republic of Iran Shipping Lines and Government Trading Corporation of Iran. The opening paragraph of the judgment written by Lord Ackner reads: "There is a risk that the Commercial Court and the Court of Appeal are providing too good a service for litigants. Last Thursday at 8 am Mr Justice Parker sat to deal with the interlocutory proceedings which are the subject matter of this appeal. An indication was given on Friday morning that it was desired to appeal, Friday being the last day of term. The work of that day having been completed in separate courts by myself and Lord Justice Oliver, we began again at 2.15 to consider this case, which was said to be likey to last three hours. We sat again at 10 o'clock today, Saturday, and it is now 4.33 when we come to give judgment. I make no apology for saying that the judgment will lack the detail and the quality which one would have hoped to put into it but for that recital of the facts and the pressures which are now brought to bear upon the courts with a view to getting urgent answers to urgent matters." The matter had initially come up in the Commercial Court on July 21 before Justice Parker when the plaintiffs, an international commodity trading concern, sought an injunction to prevent 6000 tons of soya bean oil for which they claimed title, from falling into the hands of the Iranian Trading Corporation. 14 Continental Grain had contracted to sell the oil to Interice Ltd which would sell it to the Iranians. The oil was shipped on an Iranian Shipping Lines' vessel f.o.b., and payment was to be effected in cash against documents. Interice failed to pay Continental, which then applied for an injunction ordering the Iranian Shipping Lines to divert its vessel to a safe port (Karachi being the most convenient), discharge it and deliver it to Continental. The application for injunctive relief was adjourned, the Iranians gave an undertaking to keep the vessel outside Iranian waters until July 27, and to enter into negotiations regarding the disposal of the oil. The second undertaking did not materialize. The matter came back to Justice Parker on July 29. The Iranians applied for a stay of the action. Justice Parker granted an injunction and refused a stay. The Iranians then appealed. Lord Ackner and Oliver heard the appeal on July 29 and 30 and dismissed it. The entire matter took ten days from start to finish. The property owners were careful. They had stipulated that the transactions would be covered by the laws of England. Without any hesitation and without having been asked to so do, the judges worked on a holiday, and that too at the start of their vacation. Moral of the story : wherever possible, have contracts covered by the laws of England. Seniority of Chief Justices determined Dawn Wire Service Week Ending : 4 March 2000 Issue : 06/10 http://www.lib.virginia.edu/area-studies/SouthAsia/SAserials/Dawn/2000/mar04.html#seni ISLAMABAD, Feb 28: The Chief Justice of Pakistan, Irshad Hasan Khan, on Monday constituted the Supreme Judicial Council, and determined the seniority of the chief justices of the high courts. According to an order passed by the chief justice in his administrative capacity, the Supreme Judicial Council had been constituted. The members of the council are: Chief Justice Irshad Hasan Khan (chairman), Justice Mohammad Bashir Jehangiri, Justice Sheikh Ijaz Nisar, Justice Mian Mohammad Ajmal, and Justice Mian Allah Nawaz. Only four cases were referred to the council in the last 52 years. The last case of the Lahore High Court judge, Justice Shiekh Shaukat, was referred about two decades ago. According to a press release issued by the Supreme Court, the chief justice has institutionalized the decision-making process relating to administrative matters and decentralized his powers. Justice Bashir Jehangiri, senior judge of the Supreme Court, has been delegated financial powers of the chief justice to sanction expenditure up to Rs30,000. Justice Jehangiri would assist the chief justice in matters relating to the administration of the Supreme Court and proposals for improving and strengthening the administration of justice. Other judges of the Supreme Court are also delegated different duties, such as chairmen of different committees and members of the universities' syndicates. The chief justice also determined the inter seniority of the chief justices of high courts. They are (seniority wise): Justice Mian Mohammad Ajmal, chief justice of the Peshawar High Court; Justice Mian Allah Nawaz, chief justice of the Lahore High Court; Justice Syed Deedar Hussain, chief justice of the Sindh High Court; and Justice Javed Iqbal, chief justice of the Balochistan High Court. POWERS DECENTRALIZED: The Chief Justice of Pakistan, Mr. Justice Irshad Hasan Khan, has taken several steps to decentralise his powers and institutionalise decision making relating to administration to further improve performance and smooth functioning of the judiciary, adds APP. He has delegated his powers to the following judges for smooth functioning of courts. 1- Mr. Justice Muhammad Bashir Jehangiri, Senior Puisne Judge: (i) Has been delegated financial powers of the Chief Justice to sanction expenditure upto Rs. 30,000/- (ii) To assist the Chief Justice in matters relating to the administration of the SC and proposals for improving and strengthening the system of administration of justice. 2- Mr. Justice Sheikh Ijaz Nisar: (i) Chairman, Building Committee at Lahore, Karachi, Peshawar and Islamabad. (ii) Chairman, Federal Review Board 3- Mr. Justice Abdur Rehman Khan: 15 (i) Chairman, Disciplinary Committee of the Pakistan Bar Council (ii) Member, Building Committee of Peshawar Building (iii) Judge-in-charge Complaints 4- Mr. Justice Sheikh Riaz Ahmad: (i) Member, Syndicate of the Quaid-i-Azam University (ii) Member, Building Committee at Islamabad (iii) Judge-in-charge of Computers (iv) Member, Federal Review Board (v) Member, Lahore Building Committee Continued on Page 11 5- Mr. Justice Chaudhry Muhammad Arif: (i) Judge-in-Charge, Federal Judicial Academy (ii) Judge-in-charge of the Library (iii) Chairman of the Library Committee 6- Mr. Justice Munir A Sheikh: (i) Judge-in-charge of Pakistan Law Commission regarding initiation of proposals for law reform. (ii) Chairman, Enrolment Committee of Pakistan Bar Council. (iii) Judge-in-charge for Welfare of retired Judges in Lahore/Islamabad (iv) Chairman, Election Tribunal, Pakistan Bar Council 7- Mr. Justice Rashid Aziz Khan: (i) Member, Executive Council of the Allama Iqbal Open University (ii) Member, Building Committee at Lahore (iii) Chairman, Disciplinary Tribunal of the Pakistan Bar Council 8- Mr. Justice Nazim Hussain Siddiqui: (i) Judge-in-charge for Welfare of retired Judges in Karachi (ii) Member of the Building Committee at Karachi 9- Mr. Justice Iftikhar Muhammad Chaudhry: 16 Judge-in-charge for Affairs of Staff Welfare 10- Mr. Justice Qazi Muhammad Farooq: Judge-in-charge for Welfare of retired Judges in Peshawar 11- Mr. Justice Rana Bhagwandas: Member of the Library Committee.