Deposed CJP served another notice

Published January 25, 2008

ISLAMABAD, Jan 24 The deposed chief justice of Pakistan (CJP), Iftikhar Mohammad Chaudhry, on Thursday received another notice from the Public Works Department (PWD), directing him to vacate his official residence, sources close to the chief justice told Dawn.

They said some government official arrived at the residence of the deposed chief justice, located at Judges' Colony, and served him the notice.

Earlier, the PWD had issued the same notice to Justice Chaudhry on January 12.

The sources said he refused to oblige and insisted that neither could he be treated as a retired judge nor the rules allowed the authorities to get the residence vacated in the next six months.

Interestingly the notice was served not through the law ministry or the registrar of the Supreme Court, but through the PWD, they said, adding that the department had no jurisdiction in the matter.

The sources said the full court decision passed by 16 members of the Supreme Court on May 21, 2007 was binding on the executive and could not be disregarded or over ruled by the registrar/assistant registrar.

This notice was contempt of Supreme Court, they added.

Under the Constitution, Justice Chaudhry is the chief justice of Pakistan till 2013, they said, adding that any attempt to forcibly evict him would not only be contempt of the Supreme Court but would be resisted by the legal fraternity and the people of Pakistan.

The mention of the purported rule is irrelevant and illegal, the sources said.

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