ISLAMABAD: Without referring to the widespread fear of a military takeover in the country, Chief Justice Iftikhar Mohammad Chaudhry on Friday reassured all concerned that the days when the judiciary used to validate extra-constitutional acts were gone.

“There is no question of a (military) takeover and, rest assured, good times will come,” observed the chief justice, who heads a nine-judge bench hearing the petitions filed by Pakistan Muslim League-Nawaz (PML-N) chief Nawaz Sharif and others over the memo scandal.

“The (amended) code of conduct demands the judges to preserve and protect the Constitution at all cost.

The system will run according to what the Constitution commands,” the chief justice emphasised in his observation, which was welcomed by many with a sigh of relief.

The observation came when PML-N leader Ghous Ali Shah said that after the May 2 US raid on Osama bin Laden’s compound in Abbottabad, an impression was created that the army wanted to take over.

The sense of foreboding was even felt inside the courtroom when Justice Jawwad S. Khwaja alluded to apprehensions that some unknown danger was lurking round the corner.

Talking about newspapers, Justice Khwaja said their coverage evoked spectre of a clash between parliament and the armed forces. “This is all media perception and I do not see any such thing.”

He assured the petitioners that even if it were true the court was not concerned with it. “It is a great achievement that the army chief has submitted a sworn affidavit before the court without mincing words. This showed his (army chief’s) trust in the court,” the chief justice said, adding: “Even (former ambassador to the US) Husain Haqqani and Director General of the Inter-Services Intelligence Lt Gen Ahmed Shuja Pasha are asking for a probe because they have trust in the court.”

He said the court would continue hearing the matter at hand to look upon its contours and decide it.

Recalling the court’s restraining order of November 3, 2007, its July 31, 2009, verdict which annulled the proclamation of emergency by former President Pervez Musharraf in November 2007, restoration of the judiciary on March 15, 2008, and the passage of the 18th Amendment, the chief justice said the days of getting validation were over.

“Look at the people, civil society, students and even the sitting prime minister who was on the streets and went to jail,” Justice Iftikhar Chaudhry said while recalling the movement for his reinstatement after removal by Pervez Musharraf in March 2007.

PM’S STANCE REJECTED: The court rejected a one-page statement submitted by Attorney General Maulvi Anwarul Haq on behalf of Prime Minister Yousuf Raza Gilani, holding it “evasive” and not “acceptable”.

The court specifically took exception to the statement of the prime minister that whatever he said was the stance of the party expressed in historical perspective and was not at all intended to ridicule the judiciary.

“This means the prime minister is allowing misuse of government facilities and if it was the stand of the political party then why its secretary was still holding the post,” the chief justice wondered.

He said the prime minister must be aware about the consequences of the statement since he himself was an office-bearer of the party. “We cannot expect such a statement from the PPP,” the chief justice observed.

In the statement, the prime minister had assured the court that the government had the highest regard for the judiciary and that he himself had struggled throughout his political career for independence of the judiciary.

The statement was filed in compliance with a court directive which sought the government’s stand in writing on the press conference addressed by former law minister Dr Babar Awan on Dec 1 after an initial hearing in the memo case, allegedly ridiculing the judiciary.

The attorney general was required to seek fresh instructions from the prime minister and submit a comprehensive reply before Tuesday - the next date of hearing.

“If this is not the government’s stand, how government premises were used to ridicule the judiciary,” the chief justice observed, saying the statement should be categorical.

He said President Asif Ali Zardari in his presidential reference seeking review of the murder trial of former prime minister Zulfikar Ali Bhutto had accepted the role of judiciary by stating that the judiciary in Pakistan was independent and playing a proactive role in cases of public importance.

The court again ordered the AG to submit para-wise comments of the federal government on the affidavits filed by the army chief, ISI DG, Husain Haqqani and Mansoor Ijaz.

“The paragraph-wise comments are important because the court has to determine the issue of memogate in the background that Haqqani was asked to resign after meetings between the president, prime minister, army chief and ISI DG. There must be something that led to the resignation of Haqqani,” the chief justice said.

Meanwhile, the court reissued notices to the respondents in a petition moved by a Canadian national, Shafqatullah, who had requested the chief justice to take notice of the memo scandal since it was directly related to the security of Pakistan and its armed forces.

The notices went out to President Zardari, Prime Minister Gilani, ISI DG Shuja Pasha, Husain Haqqani, attorney general and advisers to the president and the prime minister.