Senior Counsel for Musharraf, Syed Sharifuddin Pirzada informed the 13-member full bench of the apex court that the President and the prime minister have instructed him that the charges under "misconduct" should be dropped from the reference of allegations against Chaudhry.
Chaudhry was suspended on March 9 this year on the grounds of "misuse of authority and misconduct". The "misuse of authority" in the reference forwarded by Musharraf largely dealt with his alleged efforts to get his son a medical seat and later a high-level job in police force.
The charge of "misconduct" related to his alleged insistence to get VVIP protocol, including demand to arrange helicopters and his conduct in a case. The government apparently wants to drop the charge of misconduct because the case involved other judges also.
The government withdrew the charge of misconduct, as the court, after nearly three months of proceedings, was about to deliver its verdict on Chaudhry's petition challenging the presidential reference as well as the right of the Supreme Judicial Council to conduct trial against him.
The bench last week said that the long drawn-out proceedings would end by July 20 and an order can be expected any time thereafter.
Chaudhry's suspension has created a major political crisis for Musharraf as opposition leaders hope that an adverse order by the court could damage his plans to get re-elected in uniform by the present assemblies. The court had earlier declined to take notice of a submission by the prosecution that it has dropped its objections that the court cannot question the reference as the President enjoyed immunity.
Also, the government said it has no objection to the same bench conducting trial against Chaudhry or reconstitute SJC as it deemed fit. The court, however, has not taken note of it. As Pirzada withdrew one of the charges, Chaudhry's Counsel Aitzaz Ahsan objected to it, saying partial deletion of the paragraphs of the reference may not be allowed.
He demanded that the government withdraw the whole reference. Ahsan alleged that the government wanted to withdraw only those portions of the reference in which some other judges of the Supreme Court were involved.
Justice Khalilur Rehman Ramday, heading the bench, told Ahesan that he has the right to argue but as the government is withdrawing the portion form the reference at their own risk, they can't be stopped from doing this act. Earlier, counsel for the government Malik Muhammad Qayyum said while sending the reference, the President has acted in accordance with the Constitution and law and the reference itself shows due application of the mind. It is "neither conjectural nor whimsical," he argued.
Qayyum said para-32 of the reference has been deleted by the President himself which also carries his initial, and added that this also proves application of mind. Justice Ramday observed that the copy of the reference available to the judges of the court has the signature of the Secretary Law and Justice instead of the President.
Qayyum said the original reference was signed by the President. "I am very clear in my mind that reference was signed by the President". Citing the reference, Qayyum claimed the son of the Chief Justice was given admission in Bolan Medical College, Quetta in "violation of merit".
He was appointed demonstrator in Institute of Public Health, Quetta, and later as a Section Officer in the Ministry of Health. He alleged that on exerting pressure by the Chief Justice on the Establishment Secretary and the Prime Minister House, his son was accommodated in Federal Investigation Agency, besides sending him abroad on training despite the fact that he was not a regular police officer.
He claimed the chief justice received vehicles and demanded unauthorised protocol that all come under "misconduct".
Qayyum said it is a fact that the petitioner has given no denial of these facts in his petition that was filed after one month of the reference. The case would be resumed for hearing on Tuesday.
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