Original Articles

Good riddance, Anwar Mansoor Khan, and some suggestions for the new Attorney General – by Honest People and Sarah Khan

Updated 3 April 2010: Now includes some names / recommendations for the new Attorney General

Context

Unprofessional, incompetent, irresponsible and disgraceful. These are some words which best describe the former Attorney General of Pakistan, Anwar Mansoor Khan, who has recently resigned from his post. According to Khan, he was resigning not due to his lack of competence but due to “the uncooperative approach of the Law Ministry and the Law Minister.”

Khan claimed that he was asking the government from very first day that Swiss authorities should be written a letter for reopening the cases against the President of Pakistan. He alleged that Dr Babar Awan, the federal law minister, is creating problems for the government.

However, Law Ministry said that Anwar Mansoor Khan resigned due to his unprofessional and irresponsible attitude.

Source: SAMAA

“I needed some documents but they were not providing me.” Khan said his sincere advice to the government was “implement the verdict on the NRO.”

In the same breath, Khan said that under the constitution the president enjoys the immunity.

Yet, he denied the statement of Awan in which he had accused judiciary of victimising the PPP leadership and said judiciary is not victimising the government.

He said that neither the president nor the prime minister ever showed their confidence in him.

On Thursday last, Mansoor had stunned a seven-judge Supreme Court bench hearing progress on re-opening of Swiss cases that he was facing non cooperative attitude on part of the law minister for not handing over to him necessary information and communications to complete legal process of sending letters to the Swiss authorities for re-opening $60 million graft cases involving President Asif Ali Zardari.

Senior lawyer and former supreme court judge Tariq Mahmood said Mansoor’s resignation as an “embarrassment” for the government. “The attorney general is the state’s lawyer. It is embarrassing for the government that a person who is to defend them in the supreme court is not there,” Mahmood said.

Source: Dawn

We at LUBP have previously analysed that the attorney general must tender his resignation due to his own behaviour, i.e., due to his inability in presenting and defending government’s case in the Supreme Court in a convincing and befitting manner. It is abundantly clear that in discharging his duties in several cases including the NRO’s case, Mr Khan failed to perform his constitutional and legal obligations.

Apparently, federal law minister Mr Babar Awan does not intend to violate the constitutional immunity available to the president.

However, harassed by hawkish judges in the Supreme Court and the right wing media, Mr Anwar Mansoor Khan forgot to remind the honourable judges in the Supreme Court of their constitutional limitations, i.e., they cannot violate the constitutional immunity available to the president.

Mansoor Khan said the Law Ministry had been denying him access to documents needed to carry out the Supreme Court order. “The Supreme Court is our top institution, and there is no way you can defy its orders,” he said.

Zardari’s supporters and many independent experts say Zardari has immunity from prosecution so long as he is president.

In a breach of established norms of impartial justice, the Supreme Court has zeroed in on one case that had been taken up by the Swiss government against Zardari that was halted in 2008 under the National Reconciliation Ordinance (NRO).

On Wednesday, the Supreme Court ordered the government to contact Swiss authorities to reopen the case. However, to Pakistan’s Supreme Court embarrassment, Swiss prosecutors told reporters that this was impossible because Zardari has immunity.

Advice by Honest People

In my earlier article on this subject, I had pointed out that Attorney General lacks competence and commitment. Today the Attorney General has resigned. According to a commentator (Aurangzeb Akbar) on my post, PPP must appoint an attorney general who possesses courage and skill. I fully agree with this suggestion that a competent attorney general can effectively check transgression of Chief Justice Iftikhar Chaudhry and his team of judges in the Supreme Court.

Here are some further suggestions for the would be attorney general:

The new attorney general must inform the Supreme Court in clear terms that Article 248 has been transgressed in NRO case and Article 209 has been violated in judgment of 31st of July 2009.

Both the judgments are void abinitio, and the order of 31st of July is based on fabricated order of 3rd November 2007 of so-called seven judges.

At the same time the [would be] A.G. should advise the government [giving cogent reasons in line with constitution, law and morality] to withdraw the executive order of restoration of Iftikhar Chaudhry as Chief Justice, and pre-restoration position be restored.

The Supreme Court and the media should be informed of this legal position in categorical terms.

The establishment and international media be made aware of forgeries committed by Iftikhar Chaudhry in fabricating order of 3rd of November 2007.

Law minister must be told to complete this homework on urgent basis.

All these steps should be taken in strict adherence to law as CJ Iftikhar Chaudhry and his team are extremely weak in this area. Even the leaders of so-called lawyers movement are in complete disarray.

Some names for the new Attorney General

The Attorney General is appointed by the President on the advice of Prime Minister in accordance with article 100 read with article 48[1] of the constitution of Pakistan 1973.

In my opinion the following persons are extremely competent and can effectively perform the functions of attorney general under the present circumstances:-

1. Asma Jahangir [age 58 years]. She has been expressing her views on NRO judgment very candidly and is an excellent speaker both in court and the media. She was recently awarded with Hilai-e-Imtiaz. She has sufficient experience of conducting important cases in Supreme Court and High Court.

2. Former Justice Irfan Qadir [age 53 years]. A leading lawyer, a former Prosecutor General of Accountability, an Ex Judge High Court and an Ex Additional Advocate General. He conducted important constitutional cases.He possesses an over-all experience. He is an excellent speaker. He authored 2009PTD1507.

3. Justice[R] Anwar-ul-Haq [age 60 years]. He is the son of late Moulvi Siraj-ul-Haq a leading lawyer of his time. He has been a Judge of Lahore High Court for almost a decade; He also served as Dy. Attorney General and was reputed to be a good lawyer. His understanding of law is very good and has an all round experience.

My suggestion is that all the three aforesaid persons be interviewed by the President and his team so that a final decision is taken.

About the author

SK

37 Comments

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  • Excellent Post Sarah. I suggest the Government now needs to quit the defensive mode and go public with these issues after the 18th Amendment is through on 5th of April this year. The Government itself has weakened it’s position by playing on the back foot all this time when the Article 248 clearly gives the President immunity. It’s perfectly constitutional. President Asif Zardari must act now and play the cards.

    1. Reopen the Zulfiqar Ali Bhutto case

    2. Push the Judicial Saints to hear Asghar Khan’s petition

    3. Rally to open Mehran Bank scandal case.

    4. Engage the Leaders of Judicial Movement ie Asma Jehangir and Aitzaz Ahsan to educate the people about Article 248 and the hypocrisy of Cheap Justice.

    5. The UN Report delayed is reported to have questioned the role of Army and the Musharraf Govrnment in deliberately exposing Benazir Bhutto to assasination attempts. After the report is made public on April 15th, Asif Zardari should seriously pursue for a legal action against individuals who happened to lead the intelligence agencies back in 2007.

    Let Us Expose Cheap Justice

    Let Us Build Pakistan

  • anwar mansoor has only himself to blame , when he knew he is under prepared to represent govt because of law ministry he should have not gone to court room.
    it is truly unprofessional calling jury to intervene & force law ministry to cooperate with him .

  • What is the procedure to appoint attorney general in Pakistan….who appoint him and how an appointment by the Govt. Backfired…?
    Apart from what the attorney general said and who he is accusing…even the role of law minister is also not appreciable…when he was accused for taking bribes..he told us that its a conspiracy against him by the Qadiani lobby…what BS is this and what is the reason to honor him with national awards…mann tura haji begoyam tu mera haji bego…
    Every honest person knows Peoples Party and its leadership is always a favourite target for the rightist media and the so called society…but we should raise fingers towards the bruts in our lines…

  • aliarqam i totally agrees with you there is no difference between babar awan and khawaja sharif , babar awan qaddani’s are conspiring against him ,while justice sharif called hindu are sponsoring terrorist activities. i consider both of them racist and hurdle to pluralist society which BB visioned of .

  • Very poor reasoning from Sarah Khan. The Attorney General did what was supposed to be done and that to approach the Law Ministry to implement the decision of the highest court of law, Supreme Court. But what is ironic is that the Law Secretary claims that the delay in writing up a letter going forward to the Swiss Government was because he was in the process of giving his opinion. This idiot doesn’t realize that the Supreme Court does not need his opinion. Then the other imbeciles from NAB said that they had written a demand letter to the Swiss Govt., when they should have known that an entity of the Government can not write to another Government, it has to be officially from the government; as the Ch. Iftikhar pointed out to NAB.
    I would have thought the appointees are well versed in their respective fields and should not have to be propmted when an action is desired.
    When they don’t, there then is an alternative motive behind their “inadequacy”. And all this points to the fact that these “boys” are used to playing games by old rules, when little do they have to understand that this time around this Supreme Court means business to put this country in order. Those old “gymkhana alliances” are history. Let the “Richard Nixons” be put on notice. Pakistan means business.

  • honest people,
    maybe you can correct me, but no other branch of government has the authority to overturn a supreme court decision, even if it violates the constitution. The only other option would be the procedure for the removal of a judge as defined in article 209 via the Supreme Judicial council but that would be pointless as none of the SC judges would act against one of their own.

    withdrawing the executive order regarding the restoration of the judiciary would be too controversial with the other parties, but perhaps you are right and it’s the only course of action.
    Does anyone know if the 18th amendment has introduced a method to impeach Supreme Court justices by parliament. Under the current system there are absolutely no checks and balances on the judiciary whatsoever.

  • @Khalid Khan
    Law Secretary is a much more sane and experienced person as compared to this Supreme Court or its Chief Justice. There is no law under which Supreme Court can compel any public functionary for initiation of criminal cases against the President of Pakistan and that too in a foreign country. All the judges including the Chief Justice have overstepped their jurisdiction and are either playing politics or are ignorant of basic legal norms.

  • Address to Honest People, Rabia, M Usama Bhutoo and Sara Khan
    a sane person can easily judge that u people are building a better Pakistan or making the situation worse to worst by writing such unethical, misleading, dishonest articles. u and ur elder cant cheat us more. u r supporting a person who even killed his brother in law and wife, u r his next victim. we, the people of Pakistan, urge the reopening of Swiss cases. the money which belongs to Pakistan must come to Pakistan. ur so-called martyred was a very crook-minded lady, who looted her own homeland, Pakistan. on the day of judgment the people of Pakistan will hold ur necks as u support a bully, disloyal to his own nation, to his own homeland.
    the husband & wife has collected enough money for their three children by looting the whole nation by Fraud and Commission and kickbacks, plz now take pity on poor nation. don’t write such insane articles. ur conscience even don’t blame u people? Tum Kysy Log ho. tmhain zara bi sharm ni aati, ak to chori karty ho aur phir poori kom k samny mazloom bi banty ho. poori kom ko Bahut logon ny Dhoky diay han, ap Building better Pakistan k nam p dhoka dyna chahty ho.

  • Mr Mansoor told a Supreme Court bench on Thursday that the law minister was preventing him from carrying out the court orders of implementing the Dec 16 verdict on the National Reconciliation Ordinance.

    “Are you still the attorney general of Pakistan?” Justice Khalilur Rehman Ramday, a member of the bench, asked him later in a lighter vein. Mr Mansoor had replied: “Till now, I am.”

    On one occasion, when Chief Justice Iftikhar Mohammad Chaudhry inquired what his government intended to do about the NRO decision, Mr Mansoor said that it was not his government.

    ….

    Talking to reporters before leaving for his hometown, Mr Mansoor urged the government to implement the Dec 16 verdict in letter and spirit.

    He said the Supreme Court had the authority to call any organ of the state or agency for the execution of its order.

    He said the government had not defended the NRO before the 17-judge bench and it was mandatory upon it to implement the verdict.

    “The president enjoys protection under Article 248 of the Constitution and unless he steps down or completes his tenure in the office, he cannot be proceeded against in any criminal case,” he said in reply to a question. “Why do you need interpretation of something which is very clear?”

    http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/pakistan/03-attorney-general-anwar-mansoor-tenders-resignation-ss-06

  • Mr. Cupid please don’t use foul language and respond to specifics. Committing fraud in Supreme Court is like killing people in hospital. The Supreme Court has been exposed. Aitzaz has given his view about article 248 by saying that President is immune from iniation of criminal proceedings. Kurd has called these judges as Pharoahs. Justice Tariq has criticised Iftikhar Chaudhry and Khalil Ramdey for misbehaving in court. Asma Jahangir has said in clear terms that all 17 judges of the Supreme Court are biased like twin sisters. The backlog of pending cases has gone up. Please don’t defend this supreme court. They have lost all credibility and the myth of so-called long march staged by Nawaz League is broken. Unfortunately Pakistan today is without a Supreme Court since the whole edifice of superior judiciary rests on illegal and fraudulent foundations. If Iftikhar Chaudhry has any valid authority left why is he not issuing contempt notice to Dr. Sher Afghan who has repeatedly challenged the legality of the entire Supreme Court. Why has Iftikhar Chaudhry backed out of contempt cases against PCO judges of 3rd November and why has Nawaz Sharif backed out from Charter of Democracy? Mr. Cupid please respond to these questions if you have any conscience left in you otherwise you are just an habitual and compulsive evader of truth.

  • The omission of Babar Awan was no mystery because his constant hide and seek routines with the hot-tempered courts have become so predictable that even many of his cabinet colleagues know about this.

    As for Premier Gilani, many observers believe that ensuring good governance might not be as daunting for him as the balancing acts he has to perform from here on. If our moles are to be believed, then Gilani has almost half-done the job by finding Raja Muhammad Irshad as the new attorney general of Pakistan. Raja sahib is considered not only in the good books of the black robes, but is also liked by Sharifs and Naek equally. Will this new pick mean something for the Presidency is not sure. If nothing is settled then the SCBA is ready to jump into the foray after the passage of the 18th Amendment. Let’s hope for the best.

    http://dailytimes.com.pk/default.asp?page=2010\04\03\story_3-4-2010_pg7_1

  • Reopening of Swiss cases challenged in SC
    Updated at: 1250 PST, Saturday, April 03, 2010

    LAHORE: A plea has been filed in Lahore Registry of Supreme Court on Saturday challenging reopening of the Swiss cases.

    Petitioner Barrister Zafarullah has filed several petitions regarding President’s indemnity.

    Barrister Zafarullah in his plea contended that under Article 248 of the constitution the President of Pakistan enjoys indemnity from appearing before the court.

    All institutions should respect the constitution and the apex court orders to the National Accountability Bureau about reopening of the cases against the President should be withdrawn, the petition said.

    http://thenews.jang.com.pk/updates.asp?id=102104

  • What are they cooking together?

    CJ lauds former AG
    Staff Report

    ISLAMABAD—On the desire of Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry, former Attorney General Anwar Mansoor Khan met with him at the Supreme Court’s registry office in Islamabad on Saturday.
    During the meeting, Anwar Mansoor Khan apprised the Chief Justice about the reasons behind his resignation.
    Justice Iftikhar Muhammad Chaudhry appreciated the role and work of former attorney general for upholding the supremacy of law at difficult times.
    He said that a person should resign if he cannot perform his responsibilities due to some reason.
    Later talking to newsmen, Anwar Mansoor Khan said that nothing worthwhile came under discussion during the meeting with the Chief Justice and he only informed him about the reasons that forced him to resign.

    http://dailymailnews.com/0410/04/FrontPage/FrontPage6.php

    مستعفی اٹارنی جنرل انور منصور خان کی چیف جسٹس سے ملاقات

    کراچی …گزشتہ روزمستعفی ہونیوالے اٹارنی جنرل انورمنصور خان نے چیف جسٹس آف پاکستان،جسٹس افتخارمحمد چوہدری سے ملاقات کی اور اہم امور پر تبادلہ خیال کیا۔سپریم کورٹ کراچی رجسٹری میں ملاقات15سے20منٹ تک جاری رہی، ملاقات کے بعد جیو نیوزسے گفتگو میں مستعفی اٹارنی جنرل انور منصور خان نے بتایا کہ سپریم کورٹ کے عملے کی جانب سے کال آئی تھی کہ چیف جسٹس آف پاکستان ان سے ملنا چاہتے ہیں۔ایک سوال کے جواب میں انہوں نے کہاکہ ملاقات کے دوران ایسی کوئی بات نہیں ہوئی کہ جس پر خبر بن سکے۔ انور منصورخان کا کہناتھاکہ استعفے کی وجوہ میڈیا پر بتاچکا ہوں،اگر کوئی اور وجہ ہوتی تو چیف جسٹس کو ضرور بتاتا

    http://jang.com.pk/jang/apr2010-daily/03-04-2010/u26368.htm

  • انتالیس سالوں میں چار استعفے
    آخری وقت اشاعت: ہفتہ 3 اپريل 2010 , 11:43 GMT 16:43 PST
    http://www.bbc.co.uk/urdu/pakistan/2010/04/100403_anwar_mansoor_khan_as.shtml
    ریاض سہیل
    بی بی سی اردو ڈاٹ کام، کراچی
    ایسا نہیں ہے کہ پاکستان کے سبکدوش ہونے والے اٹارنی جنرل انور منصور خان کسی عہدے سے پہلی مرتبہ مستعفی ہوئے ہیں۔ پاکستان فوج کی ملازمت سے لیکر آج تک انتالیس سالوں کی پیشہ ورانہ زندگی میں وہ چار مرتبہ استعفے دے چکے ہیں۔

    سوال یہ اٹھایا جا رہا ہے کہ انور منصور خان نے ایسے وقت کا انتخاب کیوں کیا؟

    موجودہ حکومت میں وہ تیسرے اٹارنی جنرل ہیں جو حکومت اور عدلیہ میں جاری سرد جنگ کی وجہ سے مستعفی ہونے پر مجبور ہوئے، اس سے قبل جسٹس ریٹائرڈ عبدالقیوم اور لطیف کھوسہ بھی یہ راہ اختیار کر چکے ہیں۔

    انور منصور خان نے اپنے کیریئر کی ابتدا بطور فوجی کیپٹن کے کی اور وہ انیس سو اکہتر میں پاکستان اور بھارت کے درمیان ہونے والی جنگ میں بھی حصہ لے چکے ہیں۔ انیس سو تہتر میں انور منصور خان فوج نے فوج سے استعفیٰ دیا تاہم انہیں اکتوبر سنہ چوہتر میں فوج سے فارغ کیا گیا۔

    ان کے ساتھی وکیل اور ہائیکورٹ بار کے سابق صدر ابرار حسن کے مطابق سقوط ڈھاکہ کے وقت انور منصور خان بنگال میں تھے جہاں سے انہیں جنگی قیدی بنا کر بھارت لے جایا گیا تھا۔

    انور منصور خان کے والد منصور خان سپریم کورٹ کے سینیئر وکیل تھے۔ فوج سے ریٹائرمنٹ کے بعد انور منصور نے بھی اسی پیشے کو اپنایا اور انیس سو اکیاسی میں وکالت کی ابتدا کی۔ انیس سو تراسی میں انہیں ہائی کورٹ کے لیے چنا کیا گیا جبکہ سنہ دو ہزار میں انہیں سندھ ہائی کورٹ کا جج مقرر کر دیا گیا مگر اگلے ہی سال وہ مستعفی ہوگئے۔

    بعد میں دو ہزار دو میں انہیں سندھ کا ایڈووکیٹ جنرل مقرر کیا گیا مگر اس عہدے سے بھی انہوں نے دو ہزار سات میں استعفٰی دے دیا۔ اپنے اس استعفے کی بنیاد انہوں نے سندھ حکومت کی جانب سے قانونی رائے نہ لینا بتایا تھا، جب کہ بعد میں ایسی خبریں بھی آئیں کہ ان کے سندھ کے وزیراعلیٰ ارباب غلام رحیم سے اختلاف پیدا ہوگئے تھے۔

    استعفے کے بعد انہوں نے جنرل پرویز مشرف کی جانب سے جاری کیے گئے عبوری آئینی حکم ( پی سی او ) کو سندھ ہائی کورٹ میں چیلنج کیا اور اسے سپریم کورٹ کی جانب سے تین نومبر کو جاری کردہ حکم نامے کے متصادم قرار دیا تھا۔

    انور منصور خان پاکستان بار، سندھ ہائی کورٹ بار اور کراچی بار کے رکن تو رہے تاہم انہوں نے زیادہ تر خود کو بار کی سیاست سے دور رکھا۔ تاہم رواں سال وہ سندھ ہائی کورٹ بار کی صدرات کے لیے رشید رضوی کے مدمقابل تھے تاہم انہیں اس الیکشن میں شکست ہوئی۔

    پاکستان میں کمپنیز آرڈیننس کی تیاری، پاکستان میں اور اسلامی بینکنگ رائج کرانے میں بھی انور منصور خان نے اہم کردار ادا کیا ہے۔ سپریم جوڈیشل کونسل نے انور منصور خان کے ریفرنس پر سندھ ہائی کورٹ کے سابق چیف جسٹس افضل سومرو کو مس کنڈکٹ کا مرتکب قرار دیتے ہوئے ان کے خلاف دائر کارروائی کی سفارش کی تھی۔

    جمعہ کے روز جب تمام سیاست دانوں اور عوام کی نظریں پارلیمنٹ میں پیش کی جانے والی آئینی ترامیم پر تھیں ایسے میں اٹارنی جنرل کی استعفے کی خبر سامنے آئی۔

    تجزیہ نگاروں کا کہنا ہے کہ انور منصور خان عدالت میں کئی بار اپنی بے بسی کا اظہار کر چکے تھے مگر انہوں نے ایسے وقت کا انتخاب کیوں کیا جب حکومت یہ ثابت کر رہی تھی کہ پارلیمنٹ سپریم ہے۔

  • He was one of the PCO Judge:))) Where were his principles when he took oath under PCO under a Martial Law Regime like his CJ Iftikhar M Chaudhry. – BACK IN THE PAST – In Quetta, Chief Justice of Balochistan High Court (BHC) Mr Justice Iftikhar Muhammad Chaudhry and four other High Court judges took a fresh oath under Provisional Constitutional Order (PCO) on Wednesday. Balochistan Governor Justice (retd) Amirul Mulk Mengal administered the oath. The oath-taking ceremony was held at the Governor House here. The BHC judges who took oath under the PCO included BHC Chief Justice Mr Justice Iftikhar Muhammad Chaudhry, Mr Justice Javed Iqbal, Mr Justice Raja Fayyaz Ahmed, Mr Justice Amanullah Khan and Mr Justice Fazlur Rehman. Prominent amongst the guests who witnessed the oath-taking ceremony were Corps Commander Quetta Lieutenant General Mushtaq Hussain, Advocate General Balochistan Ashraf Tanoli, President BHC Bar Association Hadi Shakil Ahmed, provincial ministers and other senior military and civil officials. Judicial Amnesia & Martial Law Duties.
    http://chagataikhan.blogspot.com/2010/04/judicial-amnesia-martial-law-duties.html

  • Editorial:Resignations galore

    In fresh twists and turns in the ongoing tussle between
    the Supreme Court (SC) and the government over the non-implementation of the NRO verdict, the Law Secretary Muhammad Aqil Mirza has tendered his resignation. This comes after the Attorney General Maulvi Anwarul Haq stunned the court by stating that the Swiss cases were closed — a direct quote from Aqil Mirza.

    Citing health reasons, Mr Mirza is fooling no one, as it is glaringly obvious that the ante keeps being upped on persecuting anyone who steps forth to represent the government. The fourth senior official to feel the heat under his collar, Aqil has resigned before the May 13th hearing where he and the NAB Chairman Navid Ahsan were to answer questions regarding non-compliance with the SC’s orders.

    These are unfortunate developments as they point to an apparent disregard for the workings of state institutions. Whilst the SC’s determination in curbing corruption is commendable, it is distressing to see how the real issue keeps getting sidetracked: getting the country back on its feet. Pressurising the government to the extent that many of its functionaries are rendered unable to perform their duties due to a fear associated with judicial writ may be going a step too far. The whole country is anticipating a seismic clash between the executive and the judiciary but it is recommended that the judicial fraternity look at things in retrospect. The present conduct of the Supreme Court in zealously pursuing the president will not just harm the feeble democracy we have achieved after much struggle, it may, in the long run, publicly damage itself.

    This contagious trend of officials resigning at breakneck speed could lead to a complete paralysis of the government at a time when the masses need active representation in all matters. It is advised that the Supreme Court revisit a little nugget called judicial restraint and encourage all institutions to work in their own capacity with mutual respect by safeguarding the state’s institutions and its members within legal and ethical bounds. The people look up to the judiciary; we all want to keep it that way.

    http://dailytimes.com.pk/default.asp?page=20105\10\story_10-5-2010_pg3_1

  • Justice Jehanzeb Rahim also raised 28 questions challenging the validity of the November 3, 2007, orders passed by the seven-member bench of the Supreme Court, headed by Chief Justice Iftikhar Muhammad Chaudhry, against the proclamation of Emergency in the country. Justice Jehanzeb Rahim raised questions in his reply in Cr Original Petition No 104/2009 submitted in the Supreme Court in compliance with orders of the five members larger bench of the Supreme Court announced on May 4, 2010.

    Barrister Jehanzeb Rahim is facing charges of contempt for taking oath on November 3, 2007, along with many other judges of the superior courts for violating the same order passed by the seven-member bench of the Supreme Court in the evening of November 3, 2007, which barred the judges from taking oath under the Proclamation of Emergency imposed by then president General Pervez Musharraf.

    A special larger bench of the Supreme Court has already declared the Proclamation of Emergency a violation of the Constitution, and all the judges who took oath under PCO on November 3, 2007 or after were sent home besides initiating contempt proceedings against them. Following are the questions raised in the reply:

    1. Whether a seven-member bench of available judges was actually constituted in the evening of 3.11.2007?

    2. Whether this seven-member bench so constituted, actually convened/assembled in the evening of 3.11.2007 in the Supreme Court building?

    3. Whether this bench actually passed an order in the evening of 3.11.2007 and signed the same in the Supreme Court budding?

    4. Whether Justice (retd) Rana Bhagwandas was in Islamabad during the working week October 29 till November 2, 2007?

    5. Whether Justice (retd) Rana Bhagwandas did not sign the order dated 3.11.2007 on 5.11.2007?

    6. Whether judges junior to Justice (Rana Bhagwandas in seniority, signed the order dated 3.11.2007 after 5.11.2007?

    7. Whether Justice (retd) Rana Bhagwandas phoned Justice Sair Ali in Lahore on the evening of 3.11.2007 from Karachi to inform him that an order had been passed by some judges in Islamabad and judges of the Lahore High Court, who had gathered at the residence of Justice Sair Ali should refrain from passing any other order in respect of the Proclamation of Emergency issued by General (retd) Pervez Musharraf earlier that day?

    8. Whether Justice Ghulam Rabbani was in Islamabad on 3.11.2007?

    9. Whether the signatures of Justice Ghulam Rabbani tally with his usual signatures on judicial orders?

    10. Whether the order dated 3.11.2007 was signed at one place in the Supreme Court on 3.11.2007 or later by circulation?

    11. Whether the names of Justice (retd) Rana Bhagwandas and Justice Javed Iqbal were written in Urdu to indicate the place where they were required to affix their signatures and what was the necessity of so indicating was their absence from the Supreme Court?

    12. Whether the order dated 3.11.2007 was actually faxed from the office of the registrar Supreme Court or from some other place and whether the order so faxed, contained the signatures of seven judges of the Supreme Court?

    13. Whether the copy of order issued to press contained the signatures of any judge?

    14. Whether Justice (retd) Javed Butter and Justice (retd) Mohammad Nawaz Abbasi were part of the seven-member Bench constituted on 3.7.2007 and are, therefore, witnesses to the presence or absence of seven judges (members of the bench) and whether their evidence is not absolutely essential at this preliminary stage?

    15. Whether the order dated 3.11.2007 was faxed to the phone numbers of the registrars of the Sindh, Lahore and Peshawar High Courts or to some other numbers?

    16. Whether any of the judges who signed the order dated 3.11.2007, ever examined the same in original after 3.11.2007?

    17. Whether eight judges namely Justice (retd) Sardar Mohammad Raza Khan, Justice Khalilur Rehman Ramday, Justice Tassadaq Hussain Jilani, Justice (retd) Ch Ijaz Ahmed, Justice Sarmad Jalal Osmany, Justice Mohammad Sair Ali, Justice Mahmood Akhtar, Justice Shahid Siddiqui and Justice Jawad S Khawaja saw the order dated 3.11.2007 in original before signing the judgment dated 31.7.20O9 in the constitution petition No 08 and 09 of 2009 or since then, to satisfy themselves individually that a seven-member bench was constituted, convened, passed and signed the order dated 3.11.2007 on 3.11.2007?

    18. Whether the order dated 3.11.2007 passed in the said constitution petition was available in original in the record of the Supreme Court from 3.11.2007 till 22.3.2009?

    19. Whether Justice (retd) Abdul Hameed Dogar had taken oath as Chief Justice of Pakistan on 3.11.2007 at 19:00 hours before the order dated 3.11.2007 was passed?

    20. Whether copies of order dated 3.11.2007 were or could be delivered to “all judges of the Supreme Court at their residences “no sooner it was passed”?

    21. Whether the chief justice of Pakistan was not barred by Article IV of Code of Conduct to sit on any Bench to hear any application moved on November 2, 2007, by Barrister Aitzaz Ahsan?

    22. Whether the prohibition in Article IV of the Code of Conduct did not apply equally to the presence of the Chief Justice of Pakistan with respect of Hamid Khan and Rasheed Rizvi, senior advocates of the Supreme Court of Pakistan, in that or any subsequent petition? 23.Whether the CJP Iftikhar Mohammad Chaudhry having decided on 17.10.2007 not to sit on any Bench hearing the petition filed by Justice (retd) Wajiuddin did not violate his own order on 3.11.2007?

    24. Whether the order of 3.11.2007 can be said to be a judicial order on the touchstone of the findings, parameters and conclusions in Asad Ali’s case?

    25. Whether the undersigned, not having been heard in Review Petition No Nil filed in the Supreme Court has not been condemned unheard and whether in the light of formulations No 4.1 to 4.70 in that review petition, the judgement dated 31.7.2009 is to be recalled, varied and modified?

    26. Whether the show cause notice issued and being responded to should also be issued to Justice Nasirul Mulk, Justice Shakir Ullah Jan (signatories to that order), Justice Tassaddaq Hussain Jillani, Sarmad Jalal Osmany who took fresh oath from Abdul Hameed Dogar, ‘CJP’ after 3.11.2007 and before 22.3.2009 in violation of the order dated 3.11.2007? 27. Whether Justice Nasirul Mulk should sit on a Bench in judgement over fellow judges in contempt proceeding for violating the order dated 3.11.2007, when he himself had done the same and accepted Abdul Hameed Dogar as the chief justice of Pakistan?

    28. Whether Tariq Pervez, having been re-appointed as Chief Justice of Peshawar High Court and taken fresh oath in violation of the order dated 3.11.2007 on the recommendation of Abdul Hameed Dogar, can sit on a Bench constituted to look into the same violation by other judges and Justice (retd) Abdul Hameed Dogar.

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