SJC turns down plea to call ex-CJP as witness in reference against LHC judge

ISLAMABAD.: The Supreme Judicial Council (SJC) has once again rejected a Lahore High Court (LHC) judge’s plea to summon former chief justice of Pakistan Iftikhar Chaudhry as a witness to testify his affidavit for his defence.

“It will not be appropriate for us to summon or request the ex-CJP to testify his affidavit,” says Chief Justice of Pakistan Saqib Nisar, who is the chairman of the SJC hearing a case of misconduct against the LHC judge.

The CJP observed that Chaudhry should be aware of the value of his affidavit without cross-examination before the council.
Terming the former top judge as a “heavy weight witness”, Justice Nisar asked the LHC judge’s attorney whether Chaudhry was in the federal capital when his affidavit was prepared.

Another member of the SJC, Justice Asif Saeed Khosa, noted that Chaudhry came forward as a witness and asked how the council could summon him.

Earlier, Hamid Khan, the counsel for the LHC judge, submitted an application before the SJC, stating that Chaudhry had informed him that he had given the affidavit, the contents of which he fully owned.

However, if the council considers it appropriate to call him to answer any question, he is available and will appear on the time and date given by the council, the lawyer said.

The council, however, noted that Chaudhry’s appearance would be relevant regarding the revelation in the affidavit that the LHC judge had disclosed to him his practice in the UAE, factum of owning properties and working in the boards of various charitable organisations prior to his elevation “and on my request for him to join the judiciary, he began the process to disassociate himself from all such engagements”.

Later, Khan stated that he is producing six defence witnesses, including the former chief justice and the respondent judge himself.

The council granted him time to produce the six witnesses on January 14.

The legal team of the LHC judge had already submitted an application to summon retired chief justices of LHC Justice Yawar Ali, Justice Khawaja Imtiaz and Justice Anwarul Haq as witnesses before the council.

A member of his legal team revealed that they will again press that application on January 14.

It is also learnt that the team is considering submitting a statement of another former top judge.

The council asked the LHC judge whose name appeared in the Panama Papers in April 2016 to submit the money trail of the properties he owned abroad.

During more than two-hour hearing in an open court on Tuesday, 12 witnesses – including former judges – were cross-examined by the defence and prosecution lawyers. These were unique proceedings in which a judge is presenting a judge as his witness before judges.

Justice Nisar also said he is trying to fulfil his commitment to the nation about the disposal of all complaints against judges before his retirement. Since 2005, more than 340 complaints have been registered against superior courts’ judges.

Source: The Express Tribune