Message from Chief Justice Iftikhar Chaudhry
Statement of the hon'ble Chief Justice of Pakistan, Mr Justice Iftikhar Mohammad Chaudhry November 05,2007:
This statement is being issued on behalf of the Hon.Chief Justice of Pakistan Mr.Justice IftikharMohammad Chaudhry.
"Whole judiciary of Pakistan is struggling for supremacy of the constitution. The PCO issued by General Musharraf has been declared as a step to interfere in the independence of judiciary, therefore restraining order against it has been issued on 3rd november after it's issuance by a judicial order passed by the 7 member bench of the Supreme Court which is holding the field and has to be respected/enforced. Any action after passing of this order is illegal taken by the government including administering oath to judges of supreme court and high courts as well as detention of lawyers including Barrister Aitzaz Ahsan President SCBA and good numbers of lawyers and members of civil society because their only sin is that they opposed the emergency and pco.
Judiciary as a whole condemns terrorism and allegation of the government regarding this is baseless and unfounded.About 12-13 Judges of Supreme court of Pakistan have refused to take oath under Pco and few Judges including their Chief Justices are under house arrest(arrest for all purposes). On 5th of november morning Judges of the supreme court were stopped to move out as they wanted to go to the supreme court to attend their Judicial duty including hearing of a case by full court regarding pco in which restraining order has
been passed.This order has been passed on an application filed a day earlier in the case of Justice (retd) Wajih-ud-din (candidate for the post of President) versus President of Pakistan and fedaration of Pakistan by Brrister Aitzaz Ahsan apprehending that government by adopting extra constitutional measures may change the bench.
This order has been passed on judicial side and is to be imposed/enforced by all and sundry. Nobody can defy this order, who defy the same he defy the constitution which takes care under article 6 of the constitution. Lawyers through their representatives have informed me that Barrister Aitzaz Ahsan has been kept in solitary confinement in Adiala jail and some of the officers/officials have manhandled him without any reason. He is not bieng provided basic amenities. Under the rules his lawyers and family members can meet with him but this right has been denied in as much as his wife is also apprehending her arrest.
In the end I would say that me and all the hon'ble judges of the supreme court were exercising our jurisdiction in accordance with law and constitution and are determined to do so in the future"