President Leghari Resigns, SC in conflict

Dec 2, 1997




President Farooq Leghari:


"Today I received a summary from the that I should
de-notify the appointment of Chief Sajjad Ali Shah and appoint
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 sought to influence the judges to create situation of
confrontation within the judiciary".







Supreme Court: Headed by Sajjad Ali Shah


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


"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 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 . In one other petition filed under
Article 184(3) of the of Peshawar Bench, one learned Judge
has assumed the role of the Chief and himself constituted the
Bench of 15 Judges for hearing of that case at Islamabad, in which the
appointment of the Chief , is called in question. The Chief
cancelled that administrative order as it is the exclusive function of the
Chief to constitute the Benches, but it appears that intently the
orders of the Chief 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."







Saiduzzaman Siddiqui:


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


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


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