The Hindu : International : 3 judges want to recuse themselves from bench hearing case against Musharraf

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Saturday, Nov 17, 2007
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International

3 judges want to recuse themselves from bench hearing case against Musharraf

Nirupama Subramanian

Hearing on challenge to the proclamation of emergency in Pakistan

The judges will announce final decision on Monday
They were part of Lal Masjid case bench

ISLAMABAD: In a surprise development, three judges of the new-look Pakistan Supreme Court have said they want to recuse themselves from a 10-member bench hearing a challenge to President Pervez Musharraf’s proclamation of emergency and the provisional constitutional order (PCO).

Their move to get off the bench came as pressure piled up on Gen. Musharraf at home and in the international community to roll back the emergency.

The judges said they would announce their final decision on Monday.

When the bench hearing the case assembled on Friday morning, Justice Faqir Mohammed Khokar said he was part of the Full Court that restored Chief Justice Iftikhar Chaudhary.

Referring to Gen. Musharraf’s allegation that by taking up the Chief Justice’s petition against his suspension, the judges had negated the Supreme Judicial Council — the oversight body that investigates complaints against the higher judiciary — Justice Khokar said he was part of that decision and therefore could not hear the petition challenging the emergency.

Immediately, Justice Nawaz Abbasi said he was on the bench that took up the Lal Masjid case, which was also cited by Gen. Musharraf as one of the reasons for sacking the judiciary and imposing the emergency, and therefore, he could not hear a challenge against the emergency. Justice Khokar was also part of the Lal Masjid bench.

Justice Abbasi, who was in the Full Court in the Chief Justice case, then pointed to Justice Javed Buttar, another judge who was on the bench in both cases, and said he too must stand down from hearing the petition against the emergency. .

Their sudden desire to step down from the bench caused a stir in the court.

Attorney-General Malik Qayyum said the government had no objection to the three judges continuing to hear the case. But the bench rose immediately, with the three judges saying they would announce their final decision on Monday.

Meanwhile, a Supreme Court judge who did not take oath under the PCO and was under house arrest after being sacked has been appointed Chairman of the Pakistan Press Council.

Justice Haved Iqbal would have been the Chief Justice had he taken oath under the PCO. It is not clear whether he refused to do so, or if he was not invited by the government in the first place.

But earlier this week, he was removed from his house arrest in Islamabad to Quetta by a special aircraft. He reappeared on Wednesday as the head of the Press Council, and called on Information Minister Muhammed Ali Durrani, on Thursday.

Attorney-General Qayyum said Mr. Iqbal, who was sacked as a judge, would have the status of a Supreme Court judge in his new appointment.

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