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Iftikhar Muhammad Chaudhry

Iftikhar Muhammad Chaudhry

20th Chief Justice of Pakistan

Incumbent

Assumed office
22 March 2009

Preceded by Abdul Hameed Dogar

In office
30 June 2005 – 3 November 2007
(deposed Nov 3, 2007 - Mar 22, 2009)

Preceded by Nazim Hussain Siddiqui

Succeeded by Abdul Hameed Dogar (De facto)

Justice Supreme Court

In office
February 4, 2000 – June 29, 2005

Nominated by Mohammad Rafiq Tarar

Chief Justice Balochistan High Court

In office
April 22, 1999 – February 3, 2000
Nominated by Mohammad Rafiq Tarar

Preceded by Amirul Mulk

Succeeded by Javaid Iqbal

Justice Balochistan High Court

In office
November 6, 1990 – April 21, 1999

12 December 1948 (1948-12-12)


Born (age 61)
Quetta, Pakistan

Nationality Pakistani

Religion Islam

Iftikhar Muhammad Chaudhry (born 12 December 1948 in Quetta) is the current Chief
Justice of Pakistan. He was appointed as Chief Justice by Pakistani President Gen. Pervez
Musharraf on May 7, 2005.[1]. He was suspended by President General Musharraf on March 9,
2007, when he refused to oblige Musharraf by refusing to resign. After having been elected as
President for second term by the Parliament, Musharraf in November 2007 pre-empted an
impending court decision against his re-election and suspended the constitution and declared a
state of emergency.[2] Justice Chaudhry convened a seven-member bench which issued an interim
order against this action.[3]
In March 2009, the Lawyers supported by various political parties, started a decisive movement
to reinstate Chaudhry Iftikhar and other deposed Judges. A long march from all over the country
was declared soon after. Finally, the government reinstated Chaudhry Iftikhar and other deposed
Judges on 16 March 2009 through an executive order by the President of Pakistan[4][5].

Contents
• 1 Early life
• 2 Career in Law
• 3 Suspension and Reinstatement, 2007
• 4 2007 State of Emergency
• 5 Reinstatement, 2008-09
• 6 Important Considered Rulings
○ 6.1 Pre 2007-08 Judgements
 6.1.1 Validation of Musharraf Military Rule
 6.1.2 Pakistan Steel Mills Privatization
 6.1.3 Hasba Bill case
 6.1.4 Missing people
 6.1.5 Other
○ 6.2 Post Reinstatement(2009) Judgments
 6.2.1 Constitution Petition Regarding PCO Judges
• 7 Controversies
○ 7.1 Oath on PCO 1999
○ 7.2 Supreme Court Validation of General Musharraf's Military Coup
○ 7.3 Dismissal of petition challenging Legal Framework Order (LFO) 2002
○ 7.4 Judgement on 17th Amendment and President's Uniform Case 2005
○ 7.5 Son Admission In FIA
○ 7.6 Confusion between Dejure & Defacto
• 8 Awards and honors
○ 8.1 Harvard Law School Medal of Freedom
○ 8.2 National Law Journal Lawyer of the Year
○ 8.3 New York City Bar Honorary Membership
• 9 See also
• 10 References
• 11 External links

Early life
Iftikhar Muhammad Chaudhry was born on 12 December 1948 (1948-12-12) (age 61) in Queeta,
Pakistan. Chaudhry belongs to the Ghorewaha clan of Muslim Rajputs. His father migrated to
and permanently settled in Quetta, Balochistan, where Chaudhry grew up.
Career in Law
Chaudhry has a Bachelors in Arts and Bachelors in Law (LLB) from Jamshoro-Sindh.[6]. He
joined the bar in 1974. Later, he was enrolled as Advocate of the High Court in 1976 and as an
Advocate of the Supreme Court in 1985.[6]. In 1989 he was appointed as Advocate General,
Balochistan.[6]. He was elevated as Additional Judge, Balochistan High Court on 6 November
1990 until 21 April 1999.[6]. On April 22, 1999 he became Chief Justice of Balochistan High
Court. Besides remaining as Judge of High Court, he discharged duties as Banking Judge, Judge
Special Court for Speedy Trials, Judge Customs Appellate Courts as well as Company Judge.
Justice Iftikhar Muhammad Chaudhry also remained President of High Court Bar Association,
Quetta, and was elected twice as Member of the Bar Council. In 1992 he was appointed as
Chairman of Balochistan Local Council Election Authority and thereafter for second term in
1998. He also worked as Chairman, Provincial Review Board for the province of Balochistan
and was twice appointed as Chairman of the Pakistan Red Crescent Society, Balochistan.[6].
On February 4, 2000 he was nominated Justice of Supreme Court of Pakistan. On June 30, 2005
he became the Chief Justice of Pakistan.[6]. At present, Justice Iftikhar is also functioning as
Chairman, Enrollment Committee of Pakistan Bar Council and as Chairman, Supreme Court
Building Committee.[6]
Suspension and Reinstatement, 2007
Main articles: Iftikhar Muhammad Chaudhry (suspension) and Lawyers' Movement
On March 9, 2007, Chaudhry was suspended by Pakistani President Pervez Musharraf.
Musharraf also filed a Presidential reference against Chaudhry for misconduct.
It was the first time in the 60-year history of the Pakistani Supreme Court that a Chief Justice
was suspended. The suspension was made on the grounds of complaints against Chief Justice
Chaudhry for violating the norms of judicial propriety, corruption, seeking favours and
misbehaving with senior lawyers. He was also accused of interfering in the working of the
executive branch.
After his suspension, there was unrest in the country with regard to the validity of the allegations
against Chaudhry, as well as doubt as to whether Musharraf technically had the power to suspend
the Chief Justice under the circumstances.[7]
On May 5, 2007, Chaudhry with his counsel and politician friend Atizaz Ahsan, who is also the
party member of the PPP, traveled from Islamabad to Lahore to address the Lahore High Court
Bar Association. Demonstrations of support along the route slowed his motorcade to the point
that it took him 25 hours to reach the dinner the association was holding in his honor. [8]
Demonstrators chanted slogans supporting Chaudhry and demanding Musharraf to step down. In
his speech he criticized dictatorship and emphasized the importance of the rule of law thereby
politicizing the office of Chief Justice.[9]
On July 20, 2007, Chaudhry was reinstated to his position as Chief Justice in a ruling by the
thirteen-member bench of Pakistani Supreme Court headed by Justice Khalil ur Rehman
Ramday. He was represented by Aitzaz Ahsan, Shahid Saeed, Gohar Khan and Nadeem Ahmed
[PLD 2007 SC 578] against 16 senior lawyers representing the Federation. The ruling combined
25 constitutional petitions filed by various parties, but referred most of the issues raised by the
24 petitions not filed by Chaudhry himself to lower courts for extended adjudication. All thirteen
of the sitting justices agreed that Musharraf's action had been illegal, and ten of the thirteen
ordered Chaudhry was to be reinstated and that he "shall be deemed to be holding the said office
and shall always be deemed to have been so holding the same."
2007 State of Emergency
Main article: 2007 Pakistani state of emergency
On Saturday, Nov 3, 2007, General Pervez Musharraf, who was the President and Chief of Army
Staff of Pakistan at the time, declared a state of emergency and suspended the nation's
constitution and parliament at the same time. The declaration accused the judges of violating
article 209 of the Constitution of 1973.[10].
Further, according to the constitution, the state of emergency only suspends certain fundamental
rights of citizens and all other structures and functions of the state remain functioning as normal,
but through this proclamation the government had suspended the constitution itself in accordance
with Supreme Court' decision rendered in Zafar Ali Shah's case and issued a provisional
constitution order (PCO) in its place. Such an action was considered legal by Justice Iftikhar
Chaudhry in the aforesaid case.
After the imposition of emergency and suspension of constitution, Chaudhry constituted an
eight-member bench of Supreme Court judges duly headed by himself, and in utter violation of
Zafar Ali Shah's case immediately quashed the provisional constitution order, declaration of
emergency and the suspension of the constitution, and ordered all civil and military personnel to
ignore the order. He also ordered all the chief justices of high courts and judges of the Supreme
Court and High Court not to take oath under the PCO whereas he himself had taken oath under a
similar PCO earlier.
On 15 November Geo News reported that Chaudhry had ordered the Islamabad Inspector
General of Police to take action against his and his family’s house arrest and their possible
relocation to Quetta. According to the channel, Chaudhry held the interior secretary, the
commissioner, the deputy commissioner and the assistant commissioner responsible for his
house arrest. He said he was still the Chief Justice of Pakistan and the official residence was his
by right.[11]
Reinstatement, 2008-09
Just after general elections in February, on March 24, 2008, on his first day of premiership the
Pakistani PM Yousaf Raza Gillani ordered Chaudhry's release from house arrest.[12][13] However,
he did not restore the chief justice. Later three agreements for the restoration of the judges were
signed by Asif Ali Zardari, the chairman of the Pakistan Peoples Party and Nawaz Sharif, the
chairman of the PML-N, the chief opposition party. But the chief justice remained unrestored.
This led to a revival of the lawyers movement for the restoration of judges.
In October 2008, Chaudhry visited the Supreme Court building.
The Lawyers' Movement announced a "long march" for the restoration of the judges, especially
Chief Justice Iftikhar from 12 to 16 March 2009. The government of Pakistan refused to reinstate
the judges and declared section 144 in effect in three of the four provinces of Pakistan thereby
forbidding any form of gatherings of the "long march". Arrangements were made to block all
roads and other means of transport to prevent the lawyers from reaching the federal capital,
Islamabad. Workers of the main political parties in opposition and the lawyers movement as well
as other known persons from the civil society were arrested. Despite these efforts, the movement
continued and was able to break through the blockade in Lahore en route to Islamabad in the
night between 15 and 16 March 2009. A few hours later, on the morning of March 16, 2009, the
prime minister of Pakistan restored Chaudhary Iftikahar as chief justice of Pakistan through an
executive order.[14] after which the opposition agreed to stop the "long march".
Important Considered Rulings
Pre 2007-08 Judgements
Validation of Musharraf Military Rule
On April 13, 2005, in the "Judgment on 17th Amendment and President's Uniform Case", Justice
Iftikhar Chaudhry was one of 5 Supreme Court judges who dismissed all petitions challenging
President Musharraf's consistitutional amendments. In a wide ranging judgement they declared
that the Legal Framework Order (LFO) instituted by General Musharraf after his suspension of
the constitution, the 17th amendment which gave this constitutional backing, and the two offices
bill which allowed Musharraf to retain his military uniform whilst being President were all legal
because the Parliament had approved the amendments.
Pakistan Steel Mills Privatization
Main article: Pakistan Steel Mills
In 2007, the Supreme court ruled against the government, saying that the selling of Pakistan
Steel Mills to a group including Arif Habib, former client and friend of PM Shaukat Aziz, was
done in "indecent haste".

Justice Iftikhar Muhammad Chaudhry administers the oath of office to President Pervez
Musharraf, upon the beginning of Musharraf's second term.
Hasba Bill case
Main article: Hasba bill
The Hasba bill also proposed powers for the police to ensure observance of Islamic practices and
values while curbing palm reading and other superstitious customs deemed un-Islamic by the
legislators. General Pervez Musharraf petitioned the top court for an opinion after the Hasba bill
was passed through North West Frontier Province's assembly. "The governor of the province of
NWFP may not assent to the Hasba bill in its present form," Chief Justice Iftikhar Muhammad
Chaudhry, head of a panel of nine judges, told the court before listing several clauses in the bill
deemed unconstitutional.
Missing people
Many people in Pakistan had been allegedly kidnapped by the American agencies (FBI, CIA)
and Pakistani agencies in pursuance of the "War on Terror." These actions were challenged in
the Supreme Court and a bench under the Chief Justice Iftikhar Muhammad Chaudhry took up
the case. The complainants in the matter headed by Ms Amina Masood Janjua representing 254
missing persons and their families pleaded that the persons concerned be presented in front of a
magistrate in line with the law and be given a trial. The case is being pleaded by Fakhruddin G.
Ebrahim and Asma Jahangir from the Human Rights Commission of Pakistan.[citation needed]
Other
Some very important cases were heard in the supreme court in the 2007. Decisions have already
been taken in some:
• The case whether Nawaz Sharif (twice the former PM of Pakistan) could come back to
Pakistan. Decision: Sharif can come back.[15]
• The case on whether or not the President Pervez Musharraf could run in the election for
the next Presidency term.
Post Reinstatement(2009) Judgments
Constitution Petition Regarding PCO Judges
The decision of the court in CONSTITUTION PETITION NO. 08 and 09 OF 2009 from 14
member bench headed by Iftikhar Muhammad Chaudhry, summarily removed all justices of
higher judiciary who were not part of it as on November 2, 2007. There removal was so ordered
on ground that advice of de-jure Chief Justice of Supreme Pakistan was not obtained in these
cases. In the same decision the court had held the de-jure Chief Justice between the period of
November 3, 2007 and March 22, 2009 was Justice Chaudhry.
There were three groups of these removed justices.
• Those who were elevated to higher courts and initially took oath on PCO.
• Those who were elevated to higher courts after restoration of constitution, and were
appointed by General Pervez Musharraf.
• Those who were elevated to higher courts after restoration of constitution, and were
appointed by Asif Ali Zardari.
This decision have resulted in situation where:
• Newly appointed justices who never took any sort of oath on any PCO have been
removed.
• Sitting justices who took oath on PCO 2007 are still acting as justices, though their cases
are to be sent to Supreme Judicial Council.
• Sitting justices who accepted reappointed and took oath from Justice Dogar as still acting
as justices of court with no action.
• Justices who took oath on PCO of 1999 are still functioning as justices of higher
judiciary.
Controversies
Oath on PCO 1999
In January 2000, Justice Iftikhar Chaudhry then a serving judge on the Balochistan High Court
(BHC) was one of the first judges to take an oath on the PCO. This allowed him to be elevated to
the Supreme Court to fill one of the vacancies left by the 11 judges who had resigned in protest
at taking this oath.
Supreme Court Validation of General Musharraf's Military Coup
In May 2000 Justice Iftikhar Chaudhry was one of the 12 judges of the Supreme Court bench
which reviewed and endorsed the legality of General Musharraf’s military coup d’état. It also
allowed General Musharraf to make amendments to the Constitution of Pakistan to fulfill his
purpose.[16]
Dismissal of petition challenging Legal Framework Order (LFO) 2002
Just prior to the holding of the October 2002 General Elections a five member bench the
Supreme Court of Pakistan that Justice Iftikhar Chaudhry was a member of dismissed a petition
which challenged the promulgation of the Legal Framework Order(LFO)2002 by Chief
Executive and President General Pervez Musharraf. Under the LFO General Musharraf
announced amendments to the constitution which restored executive powers to the President,
including the right to dismiss the National Assembly, appoint Governors and Service Chiefs and
created a National Security Council (NSC).[17]
Judgement on 17th Amendment and President's Uniform Case 2005
On April 13, 2005, in the "Judgment on 17th Amendment and President's Uniform Case", Justice
Iftikhar Chaudhry was one of 5 Supreme Court judges who dismissed all petitions challenging
President Musharraf's consistitutional amendments. In a wide ranging judgement they declared
that the Legal Framework Order (LFO) instituted by General Musharraf after his suspension of
the constitution, the 17th amendment which gave this constitutional backing, and the two offices
bill which allowed Musharraf to retain his military uniform whilst being President were all legal
because the Parliament had approved the amendments.[18]
Son Admission In FIA
Ansar Abbasi brought forth allegations against Chief Justice Iftikhar Choudhray for gross
misconduct in 2002, accusing him for admitting his Son Dr. Arsalan to FIA undermining all
merits.[19]
Confusion between Dejure & Defacto
There have been several instances where certain people have marked and/or referred to the
current Chief Justice of Pakistan Abdul Hameed Dogar as the Defacto Chief Justice of Pakistan,
and referred to Iftikhar Muhammad Chaudhry as the legal and/or current Chief Justice of
Pakistan.
Justice Dogar was to the position of Chief Justice of Pakistan on 3 November 2007 and he was
offered to take an oath on the Provisional Constitution Order (PCO) which replaced the
Constitution like Iftikhar Muhammad Chaudhry who took a similar oath on the PCO in 2000 and
was elevated to the Chief Justice position. The oaths taken by Chief Justice Iftikhar however,
were accorded constitutional status under the 17th Constitutional Amendment passed by
parliament of Pakistan on 29 December 2004. Such ratification is yet to be accorded to oaths
taken by Justice Dogar.
As with Iftikhar Muhammad Chaudhry, Justice Dogar later took a fresh oath according to article
178 of the Constitution on 15 November 2007, thus making him the legal and dejure Chief
Justice of Pakistan. Under the Constitution of the Islamic Republic of Pakistan a state of
emergency can only be declared by the president. Instead of the president the emergency was
declared by the army chief, the actions of Gen. Musharraf were illegal.
On 30 July 2009, a 14 member bench of the Supreme Court of Pakistan ruled that all the judges
who had taken an oath under the Provisional Constitution Order (PCO), were removed from
office and are now facing the Supreme Judicial Council. Two days later an ordinance signed by
President Asif Ali Zardari officially removed all PCO judges from office.[20]
Awards and honors
Harvard Law School Medal of Freedom
In the wake of the imposition of emergency rule in Pakistan, on November 14, 2007, the Harvard
Law School[21] decided to award its highest honour, the Medal of Freedom, to Justice Iftikhar
Chaudhry, following the military crackdown the previous week. He becomes the first Pakistani
to be presented with such honour.
Chief Justice Iftikhar Chaudhry formally received the Harvard Law School Medal of Freedom
during his visit to the United States in November, 2008.[22]
National Law Journal Lawyer of the Year
The National Law Journal picked Mr. Chaudhry as the lawyer of the year for 2007.
New York City Bar Honorary Membership
The Association of the Bar of the City of New York granted Mr. Chaudhry an honorary
membership in the association on Nov. 17, 2008, recognizing him as a "symbol of the movement
for judicial and lawyer independence in Pakistan."
See also
• Chief Justice of Pakistan
• Supreme Court of Pakistan
• Movement for Rule of Law
• List of Pakistanis
• Syed Hammad Raza
• Ali Ahmad Kurd
• Aitzaz Ahsan
• Muneer A. Malik
• Hamid Khan
• Athar Minallah
• Lawyers' Movement
• Jamshed Dasti
References
1. ^ "Chaudhry Iftikhar named new CJ". May 7, 2005. http://www.dawn.com/2005/05/08/top4.htm.
2. ^ "Musharraf Suspends Pakistan's Constitution". November 4, 2007.
http://www.cbsnews.com/stories/2007/11/03/world/main3448594.shtml?source=mostpop_story.
3. ^ "Justice Iftikhar declared proclamation of emegency, suspension of constitution and provisional
constitution order illegeal, PCO". November 4, 2007. http://www.dailytimes.com.pk/default.asp?
page=2007%5C11%5C04%5Cstory_4-11-2007_pg7_3.
4. ^ "Govt issues notifications for restoration of judges". WExpose; http://wexpose.org.+March 18,
2009. http://wexpose.org/news/index.php/world-news/95-govt-issues-notifications-for-
restoration-of-judges-. Retrieved 2009-04-17.
5. ^ Sarah Hasan (March 18, 2009). "Govt issues notifications for restoration of judges". AllVoices;
http://www.allvoices.com/. http://www.allvoices.com/contributed-news/2755007-pakistan-
government-issues-notification-of-judges-restortation. Retrieved 2009-04-17.
6. ^ a b c d e f g Supreme Court of Pakistan Official Website
7. ^ "Suspended Pak CJ arrives in Karachi amid violence and tight security". Daily India. May 12,
2007. http://www.dailyindia.com/show/140656.php/Suspended-Pak-CJ-arrives-in-Karachi-amid-
violence-and-tight-security.
8. ^ States cannot survive under dictatorship: CJ, May 7, 2007. DAWN Newspaper. Accessed
August 27, 2007.
9. ^ YouTube - Chief Justic of Pakistan blasts 'dictators'
10.^ "Text of Pakistan emergency declaration". BBC News. November 3, 2007.
http://news.bbc.co.uk/2/hi/south_asia/7077136.stm. Retrieved January 5, 2010.
11.^ Daily Times - Leading News Resource of Pakistan
12.^ Hussain, Zahid (March 25, 2008). "Iftikhar Muhammad Chaudhry freed as Pakistan embraces
democracy". The Times (London).
http://www.timesonline.co.uk/tol/news/world/asia/article3613791.ece. Retrieved May 5, 2010.
13.^ "Pakistani lawyers fete Chaudhry". BBC News. March 31, 2008.
http://news.bbc.co.uk/2/hi/south_asia/7323335.stm. Retrieved May 5, 2010.
14.^ "Justice Iftikhar Chaudhry to be restored as Chief Justice of Pakistan". Geo.tv. 2008-11-15.
http://www.geo.tv/3-16-2009/37454.htm. Retrieved 2008-11-15.
15.^ Daily Times - Leading News Resource of Pakistan
16.^ http://www.merip.org/mer/mer251/munir.html
17.^
http://www.supremecourt.gov.pk/web/user_files/File/JR_Judgment_on_Legal_Framework_Order
_2002.pdf,
18.^
http://www.supremecourt.gov.pk/web/user_files/File/JR_Judgment_on_17th_Amendmend_and_
Presidents_Uniform_Case.pdf
19.^ http://pakistaniat.com/2007/03/13/pakistan-wasi-zafar-voice-america-interview-news-ansar-
abassi-law-minister-supreme-court/
20.^ http://www.dawn.com/wps/wcm/connect/dawn-content-library/dawn/news/pakistan/07-Text-
of-Supreme-Court-judgment-ha-04
21.^ "HLS News: Pakistani chief justice to receive Harvard Law School 'Medal of Honour'".
November 14, 2007. http://www.law.harvard.edu/news/2007/11/13_pakistan.php.
22.^ Pakistan's Chief Justice receives Medal of Freedom in the Harvard Law Record, 20 November
2008

External links
• Movement for Rule of Law, Related to Lawyers Movement Pakistan.
• Read Articles & Urdu Columns dedicated or written for CJP Iftikhar Muhammad
Chaudhry & Lawyers Movement
• Chief Justice Iftikhar Muhammad Chaudhry's Updated News and Photos
• Documentary on Judicial Struggle by Pakistani Lawyers Aaj Television
• Former Pak’s CJI family sets Free to Move
• Justice Courageous By Syed Talat Hussain
• Nine Notes on the Pakistan Chief Justice Story
• Pakistan: A consolidated site / blog containing links to different news about Chief Justice
of Pakistan's Crisis
• Government Reaction to Lawyer's Protests on CJ Removal
• Daily Times Report on Missing Person Case
• CJP Profile on SCP Official Website
• Pakistani chief justice to receive Harvard Law School 'Medal of Freedom'
• Chief Justice Iftikhar Chaudhary to receive Harvard Law School Medal of Freedom
• Democracy & Freedom - blogspot

Legal offices

Preceded by Chief Justice of Pakistan Succeeded by


Nazim Hussain Siddiqui 2005–2007 Abdul Hameed Dogar
De facto
Preceded by Chief Justice of Pakistan Succeeded by
Abdul Hameed Dogar 2009 - Present Incumbent
De facto

Chief Justices of Pakistan

Democratic Period (1947–1958) Rashid · Munir

Military rule (1958–1971) Munir · Shahabuddin · Cornelius · S. A. Rahman · Akbar

Democratic Period (1971–1977) H. Rahman · Yakub Ali

Military rule (1977–1988) Haq · Haleem

Democratic period (1988–1999) Zullah · Shah · Jan · Ali Shah · Mian · S. Siddiqui

Khan · Jehangiri · Ahmad · N. Siddiqui · Chaudhry ·


Military rule (2000–2008)
Dogar (De facto)

Democratic period (2008–


Present) Dogar (De facto) · Chaudhry

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