Chaudhury

Islamabad, March 18 (Agencies): Pakistan today sought to defuse mounting protests over the suspension of its chief justice by saying the top judge was sent on compulsory leave and he has not been sacked.

“The honourable chief justice was sent on leave under Section 2 of the Judges Compulsory Leave Order, 1970,” law minister Wasi Zaffar said in a statement on chief justice Iftikhar Muhammad Chaudhry’s status.

On March 9, the same minister had said Chaudhry had become “non-functional” following a reference sent by President Pervez Musharraf to the Supreme Judicial Council to inquire into the allegations of abuse of authority.

Zaffar’s statement came after the government eased restrictions on the judge and allowed a number of lawyers and politicians to meet him.

The group, including Qazi Hussain Ahmed and Fazlur Rehman of the Islamist alliance Muttahida Majlis-e-Amal (MMA), were allowed by police to meet Chaudhry. Barricades set up around his official residence were also removed.

Officials said Chaudhry was free to leave his home. “However, they (the officials) have clarified that there should be no mob, no procession and things like that,” one of Chaudhry’s lawyers, Tariq Mehmud, said.

The new clarification, coupled with an announcement that Justice Rana Bhagwan Das would be made acting chief justice, is being seen as an attempt by the government to keep the doors of compromise open. Justice Bhagwan Das, the Hindu judge next in hierarchy to Chaudhry, is in India and it was Chaudhry’s demand to make Das acting chief justice.

The government also denied that Chaudhry, confined to his house by the police soon after he was suspended on March 9 following a meeting with Musharraf, was ever put under “house arrest”.

The supreme court will conduct a special hearing here tomorrow against police officials who manhandled Chaudhry and his wife on March 12 when the judge was due to appear before the judicial council that will hear allegations of misconduct and misuse of power levelled against him.

Top police officials, including the inspector-general of police, were asked to appear before a three-judge bench headed by acting chief justice Javed Iqbal.

Chaudhry, in his reply to the charges, had questioned the legality of Iqbal’s appointment as the acting chief justice and demanded that Das be appointed.

Chaudhry also questioned the credentials of the other four judges of the council.

The law minister also changed the earlier government stand that Musharraf had the option of accepting or rejecting the council’s verdict on Chaudhry. Musharraf has said he would accept the verdict.