In a very odd twist, Munir A. Malik, President of the Supreme Court Bar Association was summoned to the Supreme Court to explain his statement that people would set the Supreme Court on fire if its judgment in the Chief Justice case did not satisfy them. Associated Press Pakistan posted the story online.
ISLAMABAD, July 9 (APP) – A 13-member bench of the Supreme Court Monday summoned president of Supreme Court Bar Association (SCBA) Munir A Malik over his reported threat to burn the top court if it gave a verdict in chief justice case like the judgement in Maulvi Tamizuddin case.
The bench, headed by Justice Khalil-ur-Rehman Ramday, issued notice to Munir A Malik to appear before it on Tuesday to give an explanation, after taking serious notice of the news report.
The SCBA president reportedly told a private channel: “Lawyers will burn that Supreme Court, which will give the verdict in CJ like that of Maulvi Tamizuddin case.”
Munir A Malik also said if the SC decides the cases as a ‘B’ team of the government, they would not accept the verdict. In its order, the bench said Ch. Aitzaz Ahsan, lawyer of Justice Iftikhar Muhammad Chaudhry, was told about the reported statement in the absence of Munir A Malik who has been directed to appear before this court in person on Tuesday to explain his position.
Aitzaz Ahsan was also directed to convey the court’s order to the SCBA president. The Registrar of the Supreme Court was also directed to convey the order to the concerned by telephone as well as by fax.One of the petitioners, Wahab ul Khairi, who is chairman of Al Jihad Trust, intervened in the matter and requested the court to take very serious notice of the reported threat.Justice Ramday said that Munir A Malik being president of Supreme Court Bar Association was the highest officer of this court and wondered how people would take his statement regarding the highest court of the country.
He said if such attitude was adopted this court would not hear and decide the CJ case.
Justice Syed Jamshed Ali Shah termed Munir Malik’s statement “very shocking” and said lawyers should not give “wild and nonsensical” statements. He asked if the reported statement was part of efforts to prevent the court from giving a judgment and to use the case for “some other purposes.”
Justice Mohammad Nawaz Abbasi observed that the statement was “very strange” and added if they were not willing to accept verdict of this bench then there was no pointing in continuing the proceedings.
Justice Abbasi said if Munir Malik were to disown the statement then proceedings should be initiated against the concerned newspaper. But this matter cannot be left unattended, he added.
Justice M. Javed Buttar terming the statement “highly irresponsible” said if they are propagating that the court of the people has given a decision then there is no need of a verdict by this bench.
“If he (Justice Iftikhar) is being described as people’s chief justice, then it means that he is not chief justice of Pakistan,” Justice Buttar further observed. (Another Munir A Malik statement to a private television channel)
Aitzaz Ahsan clarified that Munir A Malik is not representing chief justice in this case and that only he himself is counsel of the petitioner. Munir Malik had also not represented the chief justice in the Supreme Judicial Council and he was there only as observer in his capacity of SCBA president, he added.
Aitzaz Ahsan expressed displeasure over the reported statement and said “I apologize” over it.
When Aitzaz Ahas expressed the view that Munir Malik might have been quoted out of context, Justice Ramday reminded him that the matter was very serious and the bench could not sidestep it.
“None of us wants to be burnt alive,” Justice Ramday remarked, adding that such a threat was meant to compel the court to endorse a judgement written by the counsels of the petitioner.
If the bench did not spare law secretary, intelligence agencies officials and even suspended the license of an advocate on record of the Federation, then there was no question of showing leniency to other side, Justice Ramday observed.
He further asked: “If you are not ready to accept our decision then what is the purpose of carrying on these proceedings?”
Justice Ramday and his colleagues however appreciated the attitude and conduct of Aitzaz Ahsan in arguing his case.
Justice Faqir Mohammad Khokhar observed that independence of judiciary means that it should be free not only from the influence of the government but also from public pressure.
Malik Mohammad Qayyum, counsel of the Federation, apprised the court that he had the complete record of the interview given by Munir A Malik and he would submit a CD for the record.
Qayyum said Munir Malik had been making such statements repeatedly while appearing in talk shows of various channels.
During the proceedings Monday, Qayyum continued his arguments and will resume when the court meets again on Tuesday.
Earlier Attorney General Makhdoom Ali Khan told the court that the process to inspect Supreme Court premises and chambers of judges and their residences to locate any bugging devices was underway and substantial progress has already been made.
He requested the bench to grant more time for the completion of the process. The court accepted the request and allowed one week more with a direction to submit a report next Monday in this regard.
The bench also directed the concerned intelligence bureau officials to contact the chief justice in order to carry out the inspect of his house according to his guidelines.
Many of you may remember that the Supreme Court recently suspended the license of an attorney for the Federation for submitting scandalous documents in the reference against the Chief Justice of Pakistan. I am interested in seeing what happens with the Supreme Court Bar Association’s President after making these comments.
