President Leghari Resigns, SC in conflict

President Farooq Leghari:


"Today I received a summary from the government that I should
de-notify the appointment of Chief Justice Sajjad Ali Shah and appoint
Justice Ajmal Mian as the Acting Chief. The President has no option but
to sign such summary. But I will not exercise that option because I hold
certain principles above self interest. And therefore I have decided to
resign from my office of the president,"


"The seeds of disruption and subversion have been planted as thereafter
the government sought to influence the judges to create situation of
confrontation within the judiciary".







Supreme Court: Headed by Justice Sajjad Ali Shah


"There is complete breakdown of the constitutional machinery and it
appears that the government is not being run according to the provisions
of the Constitution."


"The measures have been taken to disobey the order of the Court or
circumvent then and insulting behavior has been adopted towards the
apex Court. A division has been created in the Judges of the apex Court
and appointment of the Chief Justice is being called in question, and
cognizance is taken by the Judges at various Benches without proper
authorization. Even orders have been passed suspending the notification
of the appointment of the Chief Justice. In one other petition filed under
Article 184(3) of the Constitution of Peshawar Bench, one learned Judge
has assumed the role of the Chief Justice and himself constituted the
Bench of 15 Judges for hearing of that case at Islamabad, in which the
appointment of the Chief Justice, is called in question. The Chief Justice
cancelled that administrative order as it is the exclusive function of the
Chief Justice to constitute the Benches, but it appears that intently the
orders of the Chief Justice are being flouted with logistic support from
the interested quarters. Persistent efforts are being made to compel the
President to approve some summaries on the threat of impeachment."







Justice Saiduzzaman Siddiqui:


"We adopt and re-affirm the said order and accordingly direct the Federal
Government as well as the President of Pakistan to make an immediate order
under Article 180 of the Constitution appointing Mr. Ajmal Mian, the senior
most Judge of this Court as Acting Chief Justice of Pakistan."


"As this appointment is likely to take some time, we further direct that
pending appointment of Acting Chief Justice, Mr. Ajmal Mian, will discharge
administrative as well as judicial functions of chief Justice of this Court
including the constitution of benches."


"The office is directed that no further order constituting the benches
should be taken from the honorable Chief Justice (under restraint)."