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Suspension of Iftikhar Muhammad Chaudhry


Chief Justice of Pakistan Iftikhar Muhammad Chaudhry was made a "non-functional Chief Justice" on 9 March 2007. In so acting, President Pervez Musharraf invoked two main clauses of the Constitution of Pakistan. The suspension evoked a nationwide popular mass protest movement led by lawyers, known as the Lawyers' Movement and eventually culminated with the Pakistan Long March.

President of Pakistan, General Pervez Musharraf on 9 March 2007 virtually suspended the Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry, and appointed the next most senior judge available, Justice Javaid Iqbal, as the acting Chief Justice of the Supreme Court. Later it was explained that the senior-most judge after the Chief Justice was Justice Rana Bhagwandas, but since he was away from the country, Justice Javed Iqbal being the second in line was made the acting head of the apex court until Justice Bhagwandas would return.

The move to make Justice Iftikhar Chaudhry 'non-functional' was immediately followed by yet another decision by the president to send a reference under Article 209 of the Constitution of Pakistan to the Supreme Judicial Council (SJC) to investigate allegations of misconduct against him.

Justice Chaudhry was called on by the President at his Army residence in Rawalpindi on Friday, 9 March 2007. There, he was asked to explain his position on a list of charges brought against him from several quarters. He was then asked to resign, something which Justice Chaudhry refused to do and was henceforth detained for about five hours while arrangements were made elsewhere in Islamabad for speedy appointment of the Acting-Chief Justice.

According to further reports he was only allowed to leave when the Acting-Chief Justice had taken oath of office and proceedings of the Supreme Judicial Council had begun. According to legal analysts, the procedure adopted by the President is not only unjust and inappropriate but also unconstitutional and therefore illegal.

The president's orders came in the afternoon, and within minutes took the country by storm. Many in the legal fraternity were shocked by the way the country's top adjudicator had been treated. Within hours, public in general and lawyers specifically rallied around him. Chief Justice Iftikhar Chaudhry's reaction was not known as since his "suspension" or being made "non-functional" he had remained incommunicado. After his meeting with President Musharraf, he remained inside the presidential office for a few hours, and was later prevented from going to the Supreme Court by the security officials. He was later placed under unofficial house arrest and media or anyone from the outside world was not allowed to approach him.


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