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Verdict on suspended Pak CJ's petition on Friday
K J M Varma in Islamabad
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July 20, 2007 00:39 IST

The much-awaited 'make or break' verdict on Iftikhar M Chaudhry's petition questioning his suspension by President Pervez Musharraf [Images] is due to be delivered by the Pakistan Supreme Court on Friday.

In what is billed as the 'mother of all cases' in the history of Pakistan's judiciary, often blamed for playing a second fiddle to successive military regimes, the apex court full bench order is expected to define powers of the Army-backed President and judiciary.

The court is also likely to give its views on whether the Presidential orders against Chaudhry can come under judicial scrutiny as he was bestowed with Constitutional immunity and whether the Chief Justice could be removed unceremoniously without a notice.

It is also expected to rule on whether the five-judge Supreme Judicial Council, which was looking into charges against him, had powers to conduct the proceedings. Chaudhry's suspension also led to the lone Hindu judge of the apex court, Rana Bhagwan Das, becoming the Acting Chief Justice.

Das became the first Hindu judge to have risen to the highest judicial post in the Islamic state.

The 13-member bench appointed by Das concluded the two-month hearing in the case, which was often marred by acrimonious arguments between the prosecution and lawyers of Chaudhry who charged that Musharraf's action in filing a reference against the judge was done with malafide intention.

Winding up his arguments, Chaudhry's counsel Aitezaz Ahesan said the court should give a clear verdict without resorting to the approach of a balanced judgement.

Referring to speculation that the court may deliver a balanced verdict, he said the judgement has to identify a clear winner and loser.

Any ambiguous judgement would create more instability and asked the court to quash Musharraf's reference.

The apex court allowed him to close his case with brief arguments tomorrow after which it would rise to deliver a judgement.

The proceedings during the last two months were held under unprecedented show of solidarity of lawyers' organisations and opposition parties with Chaudhry after his uncanny defiance to his suspension.

Expectations were high that the court would restore him as the Chief Justice which, if materialised, could pose a major challenge to Musharraf's plans to get re-elected as President in uniform for a second term by present assemblies as such a move could be challenged in a court headed by Chaudhury.

Musharraf, who appeared rattled by the strong political movement generated by Chaudhry's suspension, had said he would accept any order by the court and would implement it.

The political momentum generated by Chaudhry's suspension caught everyone by surprise as he was accorded unprecedented receptions during his road tours to Punjab, Sindh and North West Frontier Province.

The government, however, hopes the bench would deliver a balanced judgement keeping in view of the fragile security situation arising out of the July 11 operation against the Lal Masjid, which set off a wave of suicide attacks all over the country in which so far over 200 people have been killed.



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