Islamabad: Chief Justice of the Supreme Court of Pakistan Iftikhar Mohammad Chaudhry has rejected the President Asif Ali Zardari’s reference sent to the Supreme Judicial Council, against five PCO judges, saying that president should be told there was no legal status of the reference.
The registrar of the SC, Justice Faqir Hussain, wrote a letter to the Law Secretary Masood Chishty on June 28, stating that CJP has refused the reference. Chief Justice of Pakistan was quoted in the letter saying that perhaps the president was not told about the facts that was why he sent the reference to the judicial council, instead of sending the judges home, according to a private Pakistani news channel.
It was said that the Supreme Court gave the verdict stating that PCO judges were constitutionally never deemed to be judges. Hence there is no validity of the references, it was told.
The last month the apex court of Pakistan disposed off the appeals of these judges and ordered their immediate removal.
Out of seven judges, two has been retired while 5 are still working. President sent the reference to the Supreme Judicial Council saying that government does not have the powers to remove the judges according to the Constitution.
Only Supreme Judicial Council can remove the judges. It was stated in the reference that whether judges have committed misconduct by taking oath under PCO. And can they be removed on this ground. It was also stated that after the Supreme Judicial Council’s decision, the President would take the action.
