The 'non functional' Chief Justice had demanded, among other things, that Justice Rana Baghwandas, who is on leave abroad till March 22, 2007, being the senior Judge of Supreme Court, should head the Supreme Judicial Council to hear the reference against him.
In another major reconciliatory move, the government has now said that "The Honourable Chief Justice was sent on leave under Section 2 of the Judges Compulsory Leave Order 1970 validated in 1975 under the validation of Laws Act 1975".
Earlier, the Supreme Judicial Council, in its order dated March 9, 2007 had said that "Respondent (Justice Iftikhar) shall not perform functions as Judge of the Supreme Court or as the Chief Justice of Pakistan till the above Reference (against him) is answered by the Council".
The Minister for Law, Justice and Human Rights, Wasi Zafar, issued a lengthy statement here on Saturday, apparently to defuse the embarrassing situation for the government created by the nation-wide demonstrations by lawyers fraternity, opposition parties and the human rights bodies over man-handling of the 'non-functional' Chief Justice by the police.
In his statement, the Law Minister said that the matter of the Chief Justice is sub judice before the highest judicial forum of the country and the government or the Supreme Judicial Council has done nothing illegal or unconstitutional since SJC has been formulated in accordance with Article 209 of the Constitution and the senior most available Judge was given the oath as per constitutional provisions ie Article 180 of the constitution.
He said that Justice Javed Iqbal was appointed as the Acting Chief Justice as the senior most Judge, Justice Rana Bhagwandas, was abroad on leave, which according to rules, was granted to the Judge of Supreme Court by the Chief Justice himself, and the government or any other functionary had nothing to do with it.
He pointed out that the government cannot even cancel his leave, nor can request him to cut short his leave. Wasi said that "the government being conscious and fully adamant to abide by the constitutional provisions and laws, assures the lawyers, and the whole nation, that the very moment Justice Rana Bhagwandas returns he will be given the oath of Acting Chief Justice as per requirement of the constitutional provisions.
He said that the Chief Justice is facing a reference before the Supreme Judicial Council, and the government assures that the opinion of the Supreme Judicial Council as reported to the President of Pakistan will be acted upon in letter and spirit.
He said that many misconceptions and misunderstandings had been spread due to the absence of Justice Rana Bhagwandas and also due to the fact that the government was not in a position to publicising the contents or any other matters/proceedings connected with the reference.
He further stated that "the Honourable Chief Justice was sent on leave under Section 2 of the Judge Compulsory Leave Order 1970, validated in 1975 under the validation of Laws Act 1975".
"Now this is obligatory upon all citizens, particularly lawyers, to refrain from indulging in any such act which appears as interference in the work of or pressurising the Supreme Judicial Council" he emphasised. He stressed that the lawyers' community and other bodies should not create law and order situation and should try to patiently wait for the verdict without creating any hindrance.
He contended that a particular thought group was pressurising their colleagues by issuing notices, cancelling memberships and licences to force them to act according to their whims and wishes which is a naked violation of Article 17 and 19 of the Constitution of Pakistan.
APP ADDS: Acting Chief Justice of Pakistan, Justice Javed Iqbal on Saturday exhorted that Supreme Court (SC) should not be turned into a public gathering place and sanctity of the SC must be maintained.
He said Justice Rana Bhagwandas will be the acting Chief Justice on his return, and he will leave the office of ACJ on his assumption of office. "Under the prevailing circumstances the decision was taken to accept the post of ACJP."
Justice Javed Iqbal was talking to newsmen at PIMS where he had gone to inquire the health of Haroon-ur-Rasheed Advocate who was injured on Friday as he fell from the vehicle taking the Justice Iftikhar Muhammad Chaudhry after the proceeding's of Supreme Judicial Council.
Registrar Supreme Court Muhammad Ali was also present on the occasion. The ACJ inquired about his health and presented bouquet of flowers to him. Decision regarding non-functional Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry would be transparent and in accordance with the Constitution. "Let us wait and see as the Supreme Judicial Council is the highest institution and everything will be transparent and fair."
In reply to a question Justice Javed Iqbal said the media was free and the media-persons can come to the Supreme Court at their sweet will. They have not been stopped, rather the media-men themselves witness the proceedings of the Supreme Court and report the facts.
Advising media to remain careful while reporting the events he said any news must not be scandalised and both sides of the picture should be portrayed. "If media keep showing a fifteen second stone pelting event for 15 times all day around the impact will not be good," he said.
To another question he said Supreme Court was open to every one and there was no restriction in this regard. He urged the lawyers' community to maintain the sanctity of the Constitution and up keep the dignity of the Judiciary. The lawyers should adopt the peaceful and dignified procedure while agitating on any matter.
The ACJ also asked the lawyers to maintain the sanctity of the Supreme Court also and avoid slogans during agitation or procession, as it was not a suitable way. He said there was no restriction on meeting with Justice Iftikhar Muhammad Chaudhry. He himself met him on the Friday evening.
There were only security personnel present there which were deemed necessary. "He was Chief Justice of Pakistan. And his normal security was needed to be there." Chanting of slogans must be avoided as proper place for the same is outside of the Supreme Court not inside its premises.
Difference must be maintained between politics and court functioning he said and added that if lawyers do not care for Constitution and law then who will take care, he posed a question. Replying to a question he said an inquiry is continuing on attack on Geo TV and the matter is sub judice let it be completed.
Replying to another question he said despite Saturday prompt action was taken by the SC on a petition filed by a lawyer and the Punjab Inspector General of Police has been summoned on Monday.