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Old Friday, March 23, 2007
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Default article related to case of C.J

Asalamualikum,

Those who are the defenders/supporters of government in the case of chief justice please do give a reading to column by Javed choudry in the news paper of 23rd march.
And if anyone of you have read any other good article then please tell me.

JazakAllah khair.
Regards
Asma.
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Old Friday, March 23, 2007
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Following has been mentioned today dawn article which is relation to current scenario of Chief Justice

http://www.dawn.com.pk/2007/03/23/top1.htm
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Default Referance against CJ

I, the Prime Minister of Pakistan on receipt of information from several sources, with respect to the conduct of Mr. Justice Iftikhar Muhammad Chaudhry, the Chief Justice of Pakistan (hereinafter referred to as, "the learned judge") was pleased to advise the President of the Islamic Republic of Pakistan to "direct" the Supreme Judicial Council of Pakistan, in exercise of its powers under Article 209 of the Constitution, to inquire into the matter and report to the President whether the learned judge has been guilty of misconduct and further, whether he should be removed from office? > >II. The advice of the Prime Minister was, inter alia, based on the following: > >1. Dr. Arsalan Iftikhar is one of the sons of the learned judge. As narrated in paragraph 2 to 25, the learned judge committed misconduct by employing his position to gain undue advantage for Dr. Arsalan Iftikhar. To secure this end he committed and was responsible for the commission of a number of unlawful acts. That all the acts narrated in paragraphs 2 to 25 were committed as a result of his influence and on account of the demands made by him and the pressure exerted by him. He unlawfully used his position as a judge and Chief Justice of the Supreme Court of Pakistan to influence, harass and intimidate all concerned and compelled them to act in an unlawful manner. Such conduct is unbecoming a judge and is particularly reprehensible in the case of the Chief Justice of Pakistan. > >2. Dr. Arsalan Iftikhar sought admission to Bolan Medical College in the year 1996. Having secured 639 marks with an overall "C" grade in his Intermediate Examinations he could not be admitted on merit. The threshold being 750 marks. The Chief Minister of Balochistan was approached who nominated him, "for admission in Ist year MBBS class in Bolan Medical College, Quetta against leftover foreign vacant seats/special seats." > >3. On 22 June 2005 Dr. Arsalan Iftikhar was appointed as Medical Officer/Demonstrator in the Institute of Public Health, Quetta. > >4. On 18 July 2005, a few days after Dr. Arsalan Iftikhar was so appointed, the Chief Minister of Balochistan passed the following order: "Dr. Arsalan Iftikhar, Medical Officer, presently posted as Demonstrator, Institute of Public Health, Quetta be transferred and posted as Section Officer (Technical) in Health department with immediate effect in the interests of public service. Please issue notification." [Emphasis supplied] > >The Chief Secretary, Balochistan, to whom these orders were addressed directed these to the Health Department on that very day (18 July 2005). > >5. The Health Department on 10 August 2005 referred the case to the Services and General Administration Department ("S&GAD") as the authority "for posting/transfer of Secretariat staff is S&GA Department." 6. On 11 August 2005, in a Summary for the Chief Minister, the S&GAD pointed out that "no...post in Techinical quota is available against which Dr. Arsalan could be considered for posting as Section Officer." It was, however pointed out that 07 posts of Section Officers against the "quota of initial recruitment are vacant", the case for placing the requisition of these posts with the Balochistan Public Service Commission was being processed separately. It was "proposed that Dr. Arsalan Iftikhar may be considered for posting as Section Officer against one of the vacant post as a temporary arrangement". > >7. On 15 August 2005 a notification was issued to the effect that Dr Arsalan Iftikhar Demonstrator in Institute of Public Health, Quetta was "transferred and posted as Section Officer (Dev.) in Health Department, against existing vacancy with immediate effect until further orders". > >[Emphasis supplied]. It may be stated that as was pointed out in the Summary to the Chief Minister, there was no existing vacancy. The 07 vacancies had to be filled by initial recruitment through the Balochistan Public Service Commission. What was proposed was that at best Dr. Arsalan Iftikhar be temporarily accommodated against one of these vacancies, till it was filled by a suitable candidate by the Balochistan Public Service Commission. > >8. Nine days before the notification of 15 August 2005 was issued, the Ministry of Interior, Government of Pakistan addressed a letter no 6 August 2005 to the Chief Secretary Government of Balochistan: The services of Dr Arsalan Iftikhar, a BS-17 officer of the Health Department, Government of Balochistan are required to be utilized in FIA in public interest. [Emphasis supplied] > >2. It would be highly appreciated if you could place the services of Dr Arsalan Iftikhar at the disposal of the Ministry of Interior for posting in FIA. > >On 13 August 2005, two days prior to the notification of 15 August 2005, the S&GAD, Government of Balochistan conveyed to the Ministry of Interior, Government of Pakistan, its "no objection for placing the services of Dr Arsalan Iftikhar (Health/B-17) at the disposal of Ministry of Interior for posting in FIA. While this letter was either in the mail or had not reached the "right" hands, the Ministry of Interior sent a reminder on 16 August 2005. > >9. On 5 September 2005 a notification was issued by the Ministry of Interior, Government of Pakistan. Dr Arsalan Iftikhar was transferred and his services were placed at the disposal of FIA for posting as "Assistant Director (BS-17)in the FIA, on deputation basis for a period of three years, in his own pay and scale, with immediate effect and until further order." > >10. On 9 September 2005 the Secretary S&GAD brought the matter to the attention of the Chief Secretary, Balochistan. On 13 September 2005 the Chief Secretary Balochistan on behalf of S&GAD issued a notification pursuant to the notification of the Government of Pakistan. On 30 September 2005 Dr Arsalan Iftikhar received charge of the office of Assistant Director, FIA at Islamabad. This was notified on 24 October 2005. > >11. Within four months of his appointment as Medical Officer/Demonstrator in the Institute of Public Health, Quetta, Dr Arsalan a BS-17 Officer, who had not even completed the mandatory period of his probation, was transferred and posted first as a Section Officer in the Government of Balochistan against a non-existent vacancy And then sent on deputation as Assistant Director, FIA, to the Ministry of Interior, Government of Pakistan, for a period of three years; all in the public interest. And this for a person who had appeared thrice in the CSS competitive examinations and failed each time. > >12. Under Rule 8 of the Health Department, Government of Balochistan, Services Rules, 1984, a person appointed to the service against a substantive vacancy remains on probation for a period of two years if appointed by initial recruitment. Dr. Arsalan, having been so appointed, on 22 June 2005, his period of probation would have been complete on 21 June 2007. > >13. On 22 November 2005, the S&GAD, Government of Balochistan moved a summary to the Chief Minister, Balochistan, proposing confirmation in service of Dr. Arsalan Iftikhar "with immediate effect against the substantive post of Medical Officer in the Provincial Health Department by relaxing Rule 8 of the Balochistan Health Department (Basic Pay Scale 16 and above) Service Rules 1984 for completion of probation period of 2 years." On 5 December 2005 the S&GAD, Government of Balochistan issued a notification whereby the services of Dr. Arsalan Iftikhar were confirmed. > >14. On 22 March 2006 in continuation of its notification of 5 September 2005 the Ministry of Interior issued yet another notification. Barely within 5 months of having assumed the charge of Assistant Director FIA in BS-17: Dr Arslan Iftikhar (BS-17) Health Department, Government of Balochistan Quetta is transferred and his services are placed at the disposal of Director General, Federal Investigation Agency for posting as Deputy Director (BS-18) in FIA on deputation basis for a period of three years -- [Emphasis supplied]. > >On 7 April 2006 it was notified that he had assumed the charge of the office of Dy. Director (BS-18) FIA on 22 March 2006. On 9 May 2006 by a letter issued by the Office of the Director General Federal Investigation Agency it was clarified as follows: Now he has been upgraded as deputy Director in BPS-18 with retrospective effect. I.e. from the date of initial joining as per notification dated 22-03-2006. > >On 9 May 2006 the Ministry of Interior issued yet another notification in partial modification of its notification of 22 March 2006. It was stated: Dr Arslan Iftikhar has assumed the charge of the post of Deputy Director/BS-18, FIA on 30th September 2005 with retrospective effect. > >15. This done, a campaign was launched to induct Dr. Arsalan Iftikhar in the Police Service of Pakistan. As a BS-17 officer, Dr. Arslan Iftikhar could have joined the Police Service only through the competitive services examination conducted by the Federal Public Service Commission but being in BS-18 made induction possible and the FPSC route could be avoided. As a first step he was to be sent to the Police Academy for training with PSP officers all of Whom had been selected by the Federal Public Services Commission. The training was exclusive to PSP officers. > >16. On 19 May 2006, the Ministry of Interior addressed a letter to Commandant, National Police Academy, Islamabad stating that Dr. Arsalan Iftikhar, Deputy Diretor, FIA was attached with the National Police Academy for training with CTP Batch. The commadant was requested to attach the said officer for filed training along with under training ASPs to cover each aspect of the required training. > >17. On 24 May 2006, the Ministry of Interior again issued a letter to Commandant, National Police Academy, Islamabad, stating that after the completion of the specialised training programme at the National Police Academy, the services of Dr. Arsalan Iftikhar be placed at the disposal of Punjab Police for further posting at Lahore for his District Attachment Training. > >18. Pursuant to the letter of 24 May 2006, the National Police Academy, Islamabad on 27 June 2006 relieved Dr. Arslan Iftikhar, "for completion of remaining training programme of 32nd CTP, and directed to report to Elite Police Training School, Bedian Lahore on 02-07-2006 for six week Orientation Course." After completion of the course he was to "report to CPO, Punjab, Lahore for Phase III part of training which is six months Field Attachment" 19. In the meantime, the Prime Minister's Secretariat was approached for the permanent induction of Dr Arslan Iftikhar in the Police Service of Pakistan in BS-18. On 16 May 2006 the Prime Minister's Secretariat sought the views of the Establishment Division in the regard. > >20. The U.O note of the Prime Minister's Secretariat was also circulated to FIA. On 3 June 2006 the office of the Director General, FIA stated that, "neither FIA requisitioned his services, nor was involved at any stage for his deputation or district attachment etc." FIA, therefore expressed its inability to offer any views/recommendations on the U.O Note. > >21. On 23 May 2006 the Establishment Division noted that as per the PSP (Composition, Cadre and Seniority), rules, 1985, "the request of the officer for induction in PSP in BS-18 is not feasible," In a separate note the Establishment Division observed that Dr. Arslan Iftikhar could not be inducted in the Police Services of Pakistan without an amendment in the PSP (Composition, Cadre and Seniority) Rules, 1985. Such an amendment could only be made with the approval of the President. > >22. On 31 May 2006 the Secretary, Establishment was called by the learned judge for a meeting at his residence. The meeting too place at 2100 hours. The observations of the Establishment Division were also communicated to him. The learned judge appreciated the aforementioned reservations but the meeting ended with the learned judge insisting on: (a) the induction of Dr. Arsalan Iftikhar in FIA preferable in BS-18 (b) his subsequent deputation to the Punjab Government without their specifically mentioning the post against which he will be posted and (c) simultaneous initiation of proposal to amend the rules to prove for induction of FIA officer in the Police Service of Pakistan and sought his son's permanent induction in (BS-18) in the Police Service of Pakistan. > >The Secretary, Establishment, Communicated these demands to the Principal Secretary to the Prime Minister, around midnight the same evening. Soon thereafter the Secretary Establishment received a call from the learned judge saying that he had found a number of precedent of induction into various groups. On 1 June 2006 the papers were received from the learned judge. Later, the learned judge called the Secretary Establishment on the Green Line to enquire if the papers sent by him had been examined. The Secretary Establishment stated that it would take some time. The learned judge stated that orders of the Prime Minister be obtained by referring would be made to the Prime Ministr's Secretary giving the precedents as well as the legal position. The learned judge responded that a written reference would "jeopardize the case and that this was part of a package and reference to the rules need not be made." > >23. The learned judge continued to "insist' that all concerned make the necessary changes and warned of "consequences" if his desires were not met. Due to the relentless pressure and the campaign of intimidation and harassment launched by him, ultimately summary was prepared and submitted by the Establishment Secretary on 23 June 2006 to the Prime Minister for additon of new "Rule 7-C" in the Police service of Pakistan (Composition, Cadre and Seniority) Rules, 1985. The amendment was tailor made for Dr. Arsalan Iftikhar. > >24. Since then the learned judge has almost on daily basis exerted all kinds of pressure on the Prime Minister's Secretariat to secure the approval of the summary aforementioned and for the consequent induction of Dr. Arslan Iftikhar as an officer in the Police Service of Pakistan as a BS-18 officer. > >25. He also used his influence and authority to have Dr Aralan Iftikhar nominated to attend the 2nd Training Course in Combating International Terrorism and Organized Crime from 30 October 2006 to 3 November 2006 in Istanbul. He was the only non PSP officer and the only under training person to attend this course. > >26. The learned judge is entitled to one 1600 CC car, but he has contrary to the norms and rules on the subject secured the use of the following cars for himself at Islamabad: (i) Mercedes Benz 3000cc, (ii) IDJ-166 Toyota Corolla Model 1993 1300cc, (iii) ODF 6828 Toyota Corona Model 1993-2000cc, (iv) CIA-9 Toyota Corolla Model 2000 1300cc, (v( GP-8695 Toyota Corolla Model 2002 1300cc, (vi) IDM-7976 Toyota Corolla Model 2003 1300cc, (vii) IDM 7977 Corolla Model 2003 1300cc. > >Besides these the learned judge has the use of a fleet of cars at Islamabad, Lahore and Quetta. > >28. On more than one occasion demands have been made to the Chief Minister or Governor of the province which the learned judge is visiting to provide the cars for their own official use to the learned judge during the period of his stay in the province. > >Protocol over and above entitlement. > >29. The learned judge insists on being provided protocol which has neither beer, ever sought by or provided to a Chief Justice. Besides an outrider to lead the cavalcade the demand is for a number of police vehicles to follow him. The men have to be from elite units at times specific demands have been made for an officer not below a particular rank to act as an outrider. Traffic has to be diverted or stopped while the convoy travels from one point in the city to another at high speed. Such actions are completely unprecedented for a Chief Justice. > >30. Demands have been made for senior bureaucrats not below a particular rank to receive him at the airport when he arrives in a provincial capital. > >Use of planes and helicopters. > >31. The learned judge frequently demands the use of the plane or aircraft of a Governor or a Chief Minister to travel from one place to another or for a private visit to offer condolences or to attend a function. > >The learned judge is well aware that he is not entitled to the use of these aircraft and helicopter but is in the habit of making these demands frequently and secures these by insisting on these. > >Para 32 deleted. > >33. For some time BMW car Registration No. "RAZIA-I" remained in the use of the learned judge and members of his family. The story hit the press and when it refused to die down the car was quietly moved elsewhere. > >Judicial Conduct. > >34. There are complaints of orders being verbally announced in open court in favour of one party and subsequently a written order at variance from the order announced in court being delivered. Two such cases have acquired particular notoriety. In one of these two cases it is alleged that amounts as large as Rs.55million may have been involved. > >Reports > >35. These matters have been the subject of general and uncontradicted public comment, press reports, magazine articles, media comments by senior and respected members of the bar and former members of the superior judiciary. > >Entitlements > >36. The learned judge used the influence of his position to gain undue advantage by "insisting" on an increase and enhancement in his entitlements or in securing the relaxation of the rules in that respect. > >III. In the light of, inter alia, the foregoing facts and circumstances, and after a thorough consideration of the matter the Prime Minister of Pakistan advised the President of the Islamic Republic of Pakistan to refer to the Council, for its report, the question whether the conduct of Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan in the following matters namely: > >(a) in using his position, office, influence and authority as a judge of the Supreme Court and Chief Justice of Pakistan to: > >(i) secure the appointment of his son Arsalan Iftikhar as a Section Officer in the Health Department, Government of Balochistan; > >(ii) to have his son Arsalan Iftikhar swent on deputation by the Government of Balochistan to the Ministry of Interior, Government of Pakistan as Assistant Director, FIA in BS-17; > >(iii) to have his son Arsalan Iftikhar confirmed in the service of the Health Department, Government of Balochistan, much before the expiry of the mandatory period of probation in violation of the applicable rules; (iv) to have his son Arsalan Iftikhar upgraded as Dy. Director, FIA, in BS-18 with retrospective effect; (v) to make efforts to have his Arsalan Iftikhar inducted in the Police Service of Pakistan in violation of the rules and/or to seek an amendment of the applicable rules; > >(b) in seeking and securing official vehicles and transport for his use much beyond the sanctioned and permissible limits; > >(c) in insisting on protocol to which he was not entitled; (d) in demanding and securing use of helicopters and planes to the use of which he was not entitled; > >(e) in accepting accommodation with a litigant before the Supreme Court; > >(f) in using the BMW car "Razia 1"; > >(g) in writing judgements which were contradictory to orders announced verbally in open court; > >(h) in insisting on entitlements or having rules relaxed for such entitlements; constitutes a ground of misconduct on which the learned judge ought to be removed from the office of a judge of the Supreme Court of Pakistan and the Chief Justice of Pakistan. > >IV. The President of the Islamic Republic of Pakistan is of the opinion that the learned judge may have been guilty of misconduct and therefore, is pleased to refer the question aforementioned to the Council for the purposes of conducting an inquiry into the matter and after such inquiry as it may deem fit report to the President its opinion whether the learned judge has committed misconduct and whether he should be removed from the office of a judge of the Supreme Court and the Chief Justice of Pakistan. > >V. That the Prime Minister was further pleased to advise the President that besides making the reference to the Council the President may simultaneously, in exercise of his constitutional and inherent powers under the Constitution of Pakistan and all other powers enabling him in that behalf, direct that as a reference would be pending against the learned judge before the Council it would be neither in the public interest nor in consonance with the norms of judicial propriety that he continues to perform the functions of his office as a judge of the Supreme Court or as the Chief Justice of Pakistan. This would be in consonance with past practice as well. For these reasons, till such time that the reference has been disposed off by the Council and final orders in the matter have been passed, the most senior of the other judges of the Supreme Court shall act as the Acting Chief Justice. The President has been pleased to pass orders accordingly. > >VI. It is requested that this reference may please be taken up as soon as it may be convenient, an inquiry into the matter be commenced and the reference be disposed off as expeditiously as may be possible for the Council. > >General Pervez Musharraf President, Islamic Republic of Pakistan Through Mr. Justice (Retd) Mansoor Ahmed Secretary, Ministry of Law, Justice and Parliamentary Affairs. > >Islamabad. > >Date: 9th March 2007.
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Old Thursday, March 29, 2007
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Exclamation a big blow to judiciary

A.O.A. i am a new recruit to this force.Anyways i hope i will be welcomed warmly .Executive has tried to overlap judiciary by this damn action, but the portrait which president saab might have drawn of the reaction must have become shattered after such a long agitation.Now the latest development is C.J.P.'s visit to rawlpindi bar .i lookforward for his visit to lahore high court bar association lahore.
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Quote:
article related to case of C.J

--------------------------------------------------------------------------------

Asalamualikum,

Those who are the defenders/supporters of government in the case of chief justice please do give a reading to column by Javed choudry in the news paper of 23rd march.
And if anyone of you have read any other good article then please tell me.

JazakAllah khair.
Regards
Asma.
Nice idea

@ dear sureshlasi

Quote:
Following has been mentioned today dawn article which is relation to current scenario of Chief Justice

http://www.dawn.com.pk/2007/03/23/top1.htm
Thanx 4 sharing

@ farhanshahid


Quote:
Referance against CJ


I, the Prime Minister of Pakistan on receipt of information from several sources, with respect to the conduct of Mr. Justice Iftikhar Muhammad Chaudhry, the Chief Justice of Pakistan (hereinafter referred to as, "the learned judge") was pleased to advise the President of the Islamic Republic of Pakistan to "direct" the Supreme Judicial Council of Pakistan, in exercise of its powers under Article 209 of the Constitution, to inquire into the matter and report to the President whether the learned judge has been guilty of misconduct and further, whether he should be removed from office? > >II. The advice of the Prime Minister was, inter alia, based on the following: > >1. Dr. Arsalan Iftikhar is one of the sons of the learned judge. As narrated in paragraph 2 to 25, the learned judge committed misconduct by employing his position to gain undue advantage for Dr. Arsalan Iftikhar. To secure this end he committed and was responsible for the commission of a number of unlawful acts. That all the acts narrated in paragraphs 2 to 25 were committed as a result of his influence and on account of the demands made by him and the pressure exerted by him. He unlawfully used his position as a judge and Chief Justice of the Supreme Court of Pakistan to influence, harass and intimidate all concerned and compelled them to act in an unlawful manner. Such conduct is unbecoming a judge and is particularly reprehensible in the case of the Chief Justice of Pakistan. > >2. Dr. Arsalan Iftikhar sought admission to Bolan Medical College in the year 1996. Having secured 639 marks with an overall "C" grade in his Intermediate Examinations he could not be admitted on merit. The threshold being 750 marks. The Chief Minister of Balochistan was approached who nominated him, "for admission in Ist year MBBS class in Bolan Medical College, Quetta against leftover foreign vacant seats/special seats." > >3. On 22 June 2005 Dr. Arsalan Iftikhar was appointed as Medical Officer/Demonstrator in the Institute of Public Health, Quetta. > >4. On 18 July 2005, a few days after Dr. Arsalan Iftikhar was so appointed, the Chief Minister of Balochistan passed the following order: "Dr. Arsalan Iftikhar, Medical Officer, presently posted as Demonstrator, Institute of Public Health, Quetta be transferred and posted as Section Officer (Technical) in Health department with immediate effect in the interests of public service. Please issue notification." [Emphasis supplied] > >The Chief Secretary, Balochistan, to whom these orders were addressed directed these to the Health Department on that very day (18 July 2005). > >5. The Health Department on 10 August 2005 referred the case to the Services and General Administration Department ("S&GAD") as the authority "for posting/transfer of Secretariat staff is S&GA Department." 6. On 11 August 2005, in a Summary for the Chief Minister, the S&GAD pointed out that "no...post in Techinical quota is available against which Dr. Arsalan could be considered for posting as Section Officer." It was, however pointed out that 07 posts of Section Officers against the "quota of initial recruitment are vacant", the case for placing the requisition of these posts with the Balochistan Public Service Commission was being processed separately. It was "proposed that Dr. Arsalan Iftikhar may be considered for posting as Section Officer against one of the vacant post as a temporary arrangement". > >7. On 15 August 2005 a notification was issued to the effect that Dr Arsalan Iftikhar Demonstrator in Institute of Public Health, Quetta was "transferred and posted as Section Officer (Dev.) in Health Department, against existing vacancy with immediate effect until further orders". > >[Emphasis supplied]. It may be stated that as was pointed out in the Summary to the Chief Minister, there was no existing vacancy. The 07 vacancies had to be filled by initial recruitment through the Balochistan Public Service Commission. What was proposed was that at best Dr. Arsalan Iftikhar be temporarily accommodated against one of these vacancies, till it was filled by a suitable candidate by the Balochistan Public Service Commission. > >8. Nine days before the notification of 15 August 2005 was issued, the Ministry of Interior, Government of Pakistan addressed a letter no 6 August 2005 to the Chief Secretary Government of Balochistan: The services of Dr Arsalan Iftikhar, a BS-17 officer of the Health Department, Government of Balochistan are required to be utilized in FIA in public interest. [Emphasis supplied] > >2. It would be highly appreciated if you could place the services of Dr Arsalan Iftikhar at the disposal of the Ministry of Interior for posting in FIA. > >On 13 August 2005, two days prior to the notification of 15 August 2005, the S&GAD, Government of Balochistan conveyed to the Ministry of Interior, Government of Pakistan, its "no objection for placing the services of Dr Arsalan Iftikhar (Health/B-17) at the disposal of Ministry of Interior for posting in FIA. While this letter was either in the mail or had not reached the "right" hands, the Ministry of Interior sent a reminder on 16 August 2005. > >9. On 5 September 2005 a notification was issued by the Ministry of Interior, Government of Pakistan. Dr Arsalan Iftikhar was transferred and his services were placed at the disposal of FIA for posting as "Assistant Director (BS-17)in the FIA, on deputation basis for a period of three years, in his own pay and scale, with immediate effect and until further order." > >10. On 9 September 2005 the Secretary S&GAD brought the matter to the attention of the Chief Secretary, Balochistan. On 13 September 2005 the Chief Secretary Balochistan on behalf of S&GAD issued a notification pursuant to the notification of the Government of Pakistan. On 30 September 2005 Dr Arsalan Iftikhar received charge of the office of Assistant Director, FIA at Islamabad. This was notified on 24 October 2005. > >11. Within four months of his appointment as Medical Officer/Demonstrator in the Institute of Public Health, Quetta, Dr Arsalan a BS-17 Officer, who had not even completed the mandatory period of his probation, was transferred and posted first as a Section Officer in the Government of Balochistan against a non-existent vacancy And then sent on deputation as Assistant Director, FIA, to the Ministry of Interior, Government of Pakistan, for a period of three years; all in the public interest. And this for a person who had appeared thrice in the CSS competitive examinations and failed each time. > >12. Under Rule 8 of the Health Department, Government of Balochistan, Services Rules, 1984, a person appointed to the service against a substantive vacancy remains on probation for a period of two years if appointed by initial recruitment. Dr. Arsalan, having been so appointed, on 22 June 2005, his period of probation would have been complete on 21 June 2007. > >13. On 22 November 2005, the S&GAD, Government of Balochistan moved a summary to the Chief Minister, Balochistan, proposing confirmation in service of Dr. Arsalan Iftikhar "with immediate effect against the substantive post of Medical Officer in the Provincial Health Department by relaxing Rule 8 of the Balochistan Health Department (Basic Pay Scale 16 and above) Service Rules 1984 for completion of probation period of 2 years." On 5 December 2005 the S&GAD, Government of Balochistan issued a notification whereby the services of Dr. Arsalan Iftikhar were confirmed. > >14. On 22 March 2006 in continuation of its notification of 5 September 2005 the Ministry of Interior issued yet another notification. Barely within 5 months of having assumed the charge of Assistant Director FIA in BS-17: Dr Arslan Iftikhar (BS-17) Health Department, Government of Balochistan Quetta is transferred and his services are placed at the disposal of Director General, Federal Investigation Agency for posting as Deputy Director (BS-18) in FIA on deputation basis for a period of three years -- [Emphasis supplied]. > >On 7 April 2006 it was notified that he had assumed the charge of the office of Dy. Director (BS-18) FIA on 22 March 2006. On 9 May 2006 by a letter issued by the Office of the Director General Federal Investigation Agency it was clarified as follows: Now he has been upgraded as deputy Director in BPS-18 with retrospective effect. I.e. from the date of initial joining as per notification dated 22-03-2006. > >On 9 May 2006 the Ministry of Interior issued yet another notification in partial modification of its notification of 22 March 2006. It was stated: Dr Arslan Iftikhar has assumed the charge of the post of Deputy Director/BS-18, FIA on 30th September 2005 with retrospective effect. > >15. This done, a campaign was launched to induct Dr. Arsalan Iftikhar in the Police Service of Pakistan. As a BS-17 officer, Dr. Arslan Iftikhar could have joined the Police Service only through the competitive services examination conducted by the Federal Public Service Commission but being in BS-18 made induction possible and the FPSC route could be avoided. As a first step he was to be sent to the Police Academy for training with PSP officers all of Whom had been selected by the Federal Public Services Commission. The training was exclusive to PSP officers. > >16. On 19 May 2006, the Ministry of Interior addressed a letter to Commandant, National Police Academy, Islamabad stating that Dr. Arsalan Iftikhar, Deputy Diretor, FIA was attached with the National Police Academy for training with CTP Batch. The commadant was requested to attach the said officer for filed training along with under training ASPs to cover each aspect of the required training. > >17. On 24 May 2006, the Ministry of Interior again issued a letter to Commandant, National Police Academy, Islamabad, stating that after the completion of the specialised training programme at the National Police Academy, the services of Dr. Arsalan Iftikhar be placed at the disposal of Punjab Police for further posting at Lahore for his District Attachment Training. > >18. Pursuant to the letter of 24 May 2006, the National Police Academy, Islamabad on 27 June 2006 relieved Dr. Arslan Iftikhar, "for completion of remaining training programme of 32nd CTP, and directed to report to Elite Police Training School, Bedian Lahore on 02-07-2006 for six week Orientation Course." After completion of the course he was to "report to CPO, Punjab, Lahore for Phase III part of training which is six months Field Attachment" 19. In the meantime, the Prime Minister's Secretariat was approached for the permanent induction of Dr Arslan Iftikhar in the Police Service of Pakistan in BS-18. On 16 May 2006 the Prime Minister's Secretariat sought the views of the Establishment Division in the regard. > >20. The U.O note of the Prime Minister's Secretariat was also circulated to FIA. On 3 June 2006 the office of the Director General, FIA stated that, "neither FIA requisitioned his services, nor was involved at any stage for his deputation or district attachment etc." FIA, therefore expressed its inability to offer any views/recommendations on the U.O Note. > >21. On 23 May 2006 the Establishment Division noted that as per the PSP (Composition, Cadre and Seniority), rules, 1985, "the request of the officer for induction in PSP in BS-18 is not feasible," In a separate note the Establishment Division observed that Dr. Arslan Iftikhar could not be inducted in the Police Services of Pakistan without an amendment in the PSP (Composition, Cadre and Seniority) Rules, 1985. Such an amendment could only be made with the approval of the President. > >22. On 31 May 2006 the Secretary, Establishment was called by the learned judge for a meeting at his residence. The meeting too place at 2100 hours. The observations of the Establishment Division were also communicated to him. The learned judge appreciated the aforementioned reservations but the meeting ended with the learned judge insisting on: (a) the induction of Dr. Arsalan Iftikhar in FIA preferable in BS-18 (b) his subsequent deputation to the Punjab Government without their specifically mentioning the post against which he will be posted and (c) simultaneous initiation of proposal to amend the rules to prove for induction of FIA officer in the Police Service of Pakistan and sought his son's permanent induction in (BS-18) in the Police Service of Pakistan. > >The Secretary, Establishment, Communicated these demands to the Principal Secretary to the Prime Minister, around midnight the same evening. Soon thereafter the Secretary Establishment received a call from the learned judge saying that he had found a number of precedent of induction into various groups. On 1 June 2006 the papers were received from the learned judge. Later, the learned judge called the Secretary Establishment on the Green Line to enquire if the papers sent by him had been examined. The Secretary Establishment stated that it would take some time. The learned judge stated that orders of the Prime Minister be obtained by referring would be made to the Prime Ministr's Secretary giving the precedents as well as the legal position. The learned judge responded that a written reference would "jeopardize the case and that this was part of a package and reference to the rules need not be made." > >23. The learned judge continued to "insist' that all concerned make the necessary changes and warned of "consequences" if his desires were not met. Due to the relentless pressure and the campaign of intimidation and harassment launched by him, ultimately summary was prepared and submitted by the Establishment Secretary on 23 June 2006 to the Prime Minister for additon of new "Rule 7-C" in the Police service of Pakistan (Composition, Cadre and Seniority) Rules, 1985. The amendment was tailor made for Dr. Arsalan Iftikhar. > >24. Since then the learned judge has almost on daily basis exerted all kinds of pressure on the Prime Minister's Secretariat to secure the approval of the summary aforementioned and for the consequent induction of Dr. Arslan Iftikhar as an officer in the Police Service of Pakistan as a BS-18 officer. > >25. He also used his influence and authority to have Dr Aralan Iftikhar nominated to attend the 2nd Training Course in Combating International Terrorism and Organized Crime from 30 October 2006 to 3 November 2006 in Istanbul. He was the only non PSP officer and the only under training person to attend this course. > >26. The learned judge is entitled to one 1600 CC car, but he has contrary to the norms and rules on the subject secured the use of the following cars for himself at Islamabad: (i) Mercedes Benz 3000cc, (ii) IDJ-166 Toyota Corolla Model 1993 1300cc, (iii) ODF 6828 Toyota Corona Model 1993-2000cc, (iv) CIA-9 Toyota Corolla Model 2000 1300cc, (v( GP-8695 Toyota Corolla Model 2002 1300cc, (vi) IDM-7976 Toyota Corolla Model 2003 1300cc, (vii) IDM 7977 Corolla Model 2003 1300cc. > >Besides these the learned judge has the use of a fleet of cars at Islamabad, Lahore and Quetta. > >28. On more than one occasion demands have been made to the Chief Minister or Governor of the province which the learned judge is visiting to provide the cars for their own official use to the learned judge during the period of his stay in the province. > >Protocol over and above entitlement. > >29. The learned judge insists on being provided protocol which has neither beer, ever sought by or provided to a Chief Justice. Besides an outrider to lead the cavalcade the demand is for a number of police vehicles to follow him. The men have to be from elite units at times specific demands have been made for an officer not below a particular rank to act as an outrider. Traffic has to be diverted or stopped while the convoy travels from one point in the city to another at high speed. Such actions are completely unprecedented for a Chief Justice. > >30. Demands have been made for senior bureaucrats not below a particular rank to receive him at the airport when he arrives in a provincial capital. > >Use of planes and helicopters. > >31. The learned judge frequently demands the use of the plane or aircraft of a Governor or a Chief Minister to travel from one place to another or for a private visit to offer condolences or to attend a function. > >The learned judge is well aware that he is not entitled to the use of these aircraft and helicopter but is in the habit of making these demands frequently and secures these by insisting on these. > >Para 32 deleted. > >33. For some time BMW car Registration No. "RAZIA-I" remained in the use of the learned judge and members of his family. The story hit the press and when it refused to die down the car was quietly moved elsewhere. > >Judicial Conduct. > >34. There are complaints of orders being verbally announced in open court in favour of one party and subsequently a written order at variance from the order announced in court being delivered. Two such cases have acquired particular notoriety. In one of these two cases it is alleged that amounts as large as Rs.55million may have been involved. > >Reports > >35. These matters have been the subject of general and uncontradicted public comment, press reports, magazine articles, media comments by senior and respected members of the bar and former members of the superior judiciary. > >Entitlements > >36. The learned judge used the influence of his position to gain undue advantage by "insisting" on an increase and enhancement in his entitlements or in securing the relaxation of the rules in that respect. > >III. In the light of, inter alia, the foregoing facts and circumstances, and after a thorough consideration of the matter the Prime Minister of Pakistan advised the President of the Islamic Republic of Pakistan to refer to the Council, for its report, the question whether the conduct of Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan in the following matters namely: > >(a) in using his position, office, influence and authority as a judge of the Supreme Court and Chief Justice of Pakistan to: > >(i) secure the appointment of his son Arsalan Iftikhar as a Section Officer in the Health Department, Government of Balochistan; > >(ii) to have his son Arsalan Iftikhar swent on deputation by the Government of Balochistan to the Ministry of Interior, Government of Pakistan as Assistant Director, FIA in BS-17; > >(iii) to have his son Arsalan Iftikhar confirmed in the service of the Health Department, Government of Balochistan, much before the expiry of the mandatory period of probation in violation of the applicable rules; (iv) to have his son Arsalan Iftikhar upgraded as Dy. Director, FIA, in BS-18 with retrospective effect; (v) to make efforts to have his Arsalan Iftikhar inducted in the Police Service of Pakistan in violation of the rules and/or to seek an amendment of the applicable rules; > >(b) in seeking and securing official vehicles and transport for his use much beyond the sanctioned and permissible limits; > >(c) in insisting on protocol to which he was not entitled; (d) in demanding and securing use of helicopters and planes to the use of which he was not entitled; > >(e) in accepting accommodation with a litigant before the Supreme Court; > >(f) in using the BMW car "Razia 1"; > >(g) in writing judgements which were contradictory to orders announced verbally in open court; > >(h) in insisting on entitlements or having rules relaxed for such entitlements; constitutes a ground of misconduct on which the learned judge ought to be removed from the office of a judge of the Supreme Court of Pakistan and the Chief Justice of Pakistan. > >IV. The President of the Islamic Republic of Pakistan is of the opinion that the learned judge may have been guilty of misconduct and therefore, is pleased to refer the question aforementioned to the Council for the purposes of conducting an inquiry into the matter and after such inquiry as it may deem fit report to the President its opinion whether the learned judge has committed misconduct and whether he should be removed from the office of a judge of the Supreme Court and the Chief Justice of Pakistan. > >V. That the Prime Minister was further pleased to advise the President that besides making the reference to the Council the President may simultaneously, in exercise of his constitutional and inherent powers under the Constitution of Pakistan and all other powers enabling him in that behalf, direct that as a reference would be pending against the learned judge before the Council it would be neither in the public interest nor in consonance with the norms of judicial propriety that he continues to perform the functions of his office as a judge of the Supreme Court or as the Chief Justice of Pakistan. This would be in consonance with past practice as well. For these reasons, till such time that the reference has been disposed off by the Council and final orders in the matter have been passed, the most senior of the other judges of the Supreme Court shall act as the Acting Chief Justice. The President has been pleased to pass orders accordingly. > >VI. It is requested that this reference may please be taken up as soon as it may be convenient, an inquiry into the matter be commenced and the reference be disposed off as expeditiously as may be possible for the Council. > >General Pervez Musharraf President, Islamic Republic of Pakistan Through Mr. Justice (Retd) Mansoor Ahmed Secretary, Ministry of Law, Justice and Parliamentary Affairs. > >Islamabad. > >Date: 9th March 2007.
thanx 4 sharing

@ Mohsinmumtaz

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A.O.A.
Wa-Alaikum-as-salaam

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i am a new recruit to this force.Anyways i hope i will be welcomed warmly
U r really right.... warm welcomes 2 join this forum and many more thanx 2 share ur views with us

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Executive has tried to overlap judiciary by this damn action, but the portrait which president saab might have drawn of the reaction must have become shattered after such a long agitation.Now the latest development is C.J.P.'s visit to rawlpindi bar .i lookforward for his visit to lahore high court bar association lahore.
very right..... I agree

Plz keep ur views sharing

Thanxxx

Best Regards

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Old Thursday, March 29, 2007
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Lawyers Press Musharraf With Protests
Clash Over Judge Grows Into Challenge of Pakistani Leader’s Rule
By Griff Witte Washington Post Foreign Service
LAHORE, Pakistan, March 20 — When the police broke into the offices of some of this city’s best-known lawyers last week, they didn’t hold back. They smashed through doors and windows, tossed computers, ransacked files and beat anyone standing in their way with iron-tipped batons.
“We couldn’t even see them because of the tear gas, but we could hear the cries of our lawyers,” said Khurram Latif Khosa, a counselor who was in the courtyard below.
To Khosa, the raid was a clear message from Pakistan’s president, Gen. Pervez Musharraf: Don’t cross me. But Khosa, like lawyers across this country, is failing to heed it.
In a controversy that has gripped Pakistan and poses perhaps the most serious challenge yet to Musharraf’s leadership, the nation’s executive and judiciary are clashing over the president’s decision nearly two weeks ago to suspend the Supreme Court chief justice. Lawyers in black suits have staged almost daily protests since, as the president’s political opponents joined in. The police have responded with several raids, including one on the nation’s most popular television station. A major protest is expected Wednesday in the capital, Islamabad, with organizers calling for a nationwide strike.


To the lawyers and other Musharraf critics, the protests are about far more than a decision to suspend a judge. The larger question, they say, is whether Pakistan will be governed by the rule of law, or by one-man rule.
“People are starting to deeply resent this idea that he is the only one who knows what is right for Pakistan. Are the rest of us 160 million bloody idiots?” said Ejaz Haider, news editor of the Friday Times newspaper.
Musharraf, a U.S. ally who came to power nearly eight years ago in a bloodless coup, has defended the suspension, saying there were serious allegations against the judge and he was obligated to refer them to a special council that will rule on the matter. So far, the exact allegations have not been made public.
As for the behavior of the police, the president has tried to distance himself, and even alleged there is “a conspiracy” within his government to embarrass him. Musharraf also denied accusations that he is trying to manufacture an emergency so he can postpone elections this fall.
“We will go forward on the course, which is elections this year when the five-year tenure of assemblies is completed. I am firmly resolved to do that and I will do it,” he said in an interview Monday with Geo television, the private Pakistani network raided by police only three days earlier.
Critics are unconvinced. The suspension, they say, is part of an effort by an autocratic president to snuff out fledgling democratic institutions that challenge his authority.
“This is an attack on the judiciary as an institution. Tomorrow, other institutions might be victims of the attack,” said Ahsan Bhoon, president of the Lahore High Court Bar Association. “If the dictator is not stopped, there will be anarchy. There will be civil war.”
Pakistani legal experts say Musharraf was within his rights in referring allegations against the chief justice, Iftikhar Mohammad Chaudhry, to a special council for review. But many say he erred in suspending Chaudhry before the council ruled on the allegations. On Tuesday, one of Pakistan’s three deputy attorneys general resigned, saying the crisis had made it “very difficult” for him to perform his duties, the Reuters news agency reported.
Chaudhry, who was appointed by Musharraf, has won praise in legal circles for his willingness to stand up to the government. Late last year, for instance, he pressed for information about individuals who allegedly disappeared at the hands of the nation’s intelligence services.
The elections pose a major test for Musharraf later this year, and Chaudhry was expected to rule on issues that could complicate the president’s bid for another term. Among the open questions is whether Musharraf will face a vote in the current parliament to endorse him for another term as head of state, or in a new parliament that might view him less favorably. The current parliament came to power in 2002 elections that were marked by irregularities. Also in doubt is whether Musharraf will have to resign his post as head of the army, a critical job in Pakistan.
“All his power comes from his uniform. None of it comes from the constitution,” said Zafar Ali Shah, a leading opposition figure.


Political opponents have been quick to take the lawyers’ side in the dispute over Chaudhry. Since Musharraf came to power, the opposition has been badly fractured. Vigorous economic growth during his tenure, plus the failure of past democratic governments, has made it difficult for opponents to mount a strong challenge. But in recent weeks, rightand left-wing groups have stood shoulder to shoulder in demonstrations.
They have not received much support from abroad, however. State Department spokesman Sean McCormack has defended the president, saying Tuesday that “President Musharraf has made a commitment to change Pakistan, and we think that that is a positive thing.”
One Western diplomat said that Musharraf had made “a blunder” but that there was still time to recover. “This could go badly, but it could also all go away in a couple of days,” said the diplomat, who spoke on the condition of anonymity because he is not authorized to speak publicly on the issue. “What will be telling is if we start seeing average citizens — not lawyers and not party members — coming out on the streets. And if we see protests going beyond the major urban centers.”
The general public’s failure to join the demonstrations so far may be the result of the nature of the controversy. It hinges on complex constitutional questions in a country with illiteracy rates around 50 percent.
In Lahore, long the intellectual and cultural capital of the country, thousands of lawyers have taken to the city’s frenetic streets to protest. On Saturday, they were preparing to lead a demonstration from the century-old court buildings when, they said, the police preemptively assaulted them with tear gas, rocks and baton charges. Days later, several admitted to throwing rocks back — but they said there was no doubt the police initiated the fracas.
“We were not armed. Our weapons were words — that’s all,” said Khosa, 39, whose hand was wrapped in bandages after he was struck by a baton while defending his father during an earlier protest last week. His father, also a lawyer, needed six stitches to close a wound on his forehead after he was hit.
In all, 100 lawyers were injured Saturday in Lahore, and at least 40 offices were ransacked. The city’s police chief declined to comment.
At a boisterous meeting Monday, hundreds of lawyers listened to speech after speech condemning the president, and responded by chanting, “Go Musharraf, go!”
Before departing, the lawyers were told to prepare for the protest on Wednesday.
“As lawyers, we are peaceful,” said one speaker, Azam Nazir Tarar. “But we are not afraid of bullets.”

This is an article published in Washington Post.

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@ Dear MAzhar

Thanx for sharing such a superb article.
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