Chief Justice Iftikhar Chaudhry is unique. His judges are his soldiers. The judiciary functions under his chain of command. Every judge is at his beck and call. His is the last word. He constitutes benches comprising of judges of his own choice. He decides cases against persons who were never a party to any case. He condemns them unheard and that too without notice.
He has removed over 104 judges of superior judiciary without hearing them. He is of the view that the position of a judge is so honorific that he should not appear before his brother judges and therefore no hearing should be provided to him. He has repeatedly dubbed these 104 judges as PCO judges whereas none of these judges ever took an oath under the PCO while Chief Justice took PCO oath twice and also validated the PCO of General Musharaf in 2000.
He issued contempt notices to his fellow judges and caused them to appear in court despite their elated positions.
He can alter, violate or rewrite his own constitution. He can refuse to follow seniority principle in appointing a Supreme Court judge despite having held that all appointments in executive branch should be based on seniority.
He condemns adhocism but has forced the appointment of an adhoc judge in the Supreme Court. He has condemned over 8000 persons including judges of superior courts, two high ranking law officers, a former attorney general and Chairman of NAB without providing all these persons with an opportunity of hearing in two recent judgments .
In the judgment of 31st of July Chief Justice has relied on order dated 3rd of November 2007 of seven member bench. It is now established that no order was passed on 3rd of November 2007 by this so-called bench which in fact had never assembled. The Chief Justice has fabricated the said order.
It is because of this reason that PCO judges who took oath on 3rd November 2007 are not being assigned any court work in violation of article 209 of the constitution by Chief Justice of Pakistan and Chief Justice of Lahore High Court for the last more than 8 months on the pretext of pending contempt proceedings.
This act alone is causing a recurring loss of over 10 million per month to the national exchequer because these judges and their staff are getting full salary and perks but are not being made to work. The contempt proceedings are not being taken up since these are based on fictitious order of 3rd of November 2007 and further proceedings in this contempt case can bring to light the fraud committed by Chief Justice Iftikhar.
Hats off to lawyers movement- May I ask Aitzaz Ahsan, that, was he referring to his step mom when he said “adalat ho gi ma kay jaisi”.