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8482 Hamidjavedaffidavt.Pdf , ;~ ~~;:::;::- ..." \ IN THE SUPREME COURT OF PAKISTAN (Ori1!inalJ urisdiction) loRe: Constitutional Original Petition No. /2007 Chief Justice of Pakistan (on forced leave), Mr. JusticeIftikhar MuhammadChaudhry, Chief JusticeHouse, Islamabad. ...Petitioner VERSUS The President of Paldstan, The ReferringAuthority, Presidency, Islamabad. AND OTHERS Respondents AFFIDAVIT bF Lt. Gen. (Retd.) Hamid Javaid son of Ch. Muhammad Ashraft Chief of Staff to the President of Pakistan I. I, Lt Gen(R) Hamid Javaid son of Ch Muhammad Ashraf, presently working as Chief of Staff to the President of Pakistan, do hereby solemnly state on oath as under:- II I y.lasappointed as Chief of Staff to the President on I November 2002, and have continued to work in that position todate. I ) ,t.. 2 .4 As Chief of Staff to the President, my responsibilities include coordination of all activities related to the President'soffice work. That I have read the affidavit filed by Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan (on forced leave) ("CJP") and all adverse allegations made therein unless specifically admitted herein below are herebydenied. I say that as per official record, Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan (on forced leave) ("CJP") made ten fonnal cans on the Presidentof Pakistan.The CJP himself desired all these meetings. The details of the meetings between the Presidentof Pakistanand Mr. Justice Iftikhar Muhammad Chaudhry both as Judge of the Supreme Court and CJP are given below: - ~ ~ ~!!dl!e of SS:F- 07-10-2004 Army House 07-05-2005 ~ Camp Offi<?e As-'-" CJP 04-10-2005 Army House 16-12-2005 Camp Office 1.7-12-2005 Aiwan-e-Sadr 19~05-2006 Camp Office 01-06-2006 Army House 04-10-2006 Army House 13-02-2007 Aiwan-e-Sadr 09-03-2007 Camp Office 2.4.3. 3 '3 l !'4 Th.a.tbes.ides the above formal meetings the CJP and the Presidentinteracted frequently on a number of state and!social functions at the Aiwan-e-Sadr, Camp Office and GHQ. The: Federal Government received 8! number of complaints againstthe CJP. The Federal GoverJ1mentprepared a draft Reference against the CJP for filing the same before the Supreme Judicial Council ("SJC"). Deulils of the draft Referenceand the Code ofCohduct for Jrudgeswere brought to the notice of the President by 1the Prime Minister on 7 March 2007 in my pres(~nce. 8. The next day on 8 March 2007, the President's Secr<~tariatreceived a summary containing advice of the Prime Minister to the President to make a Reference against CJP to the SJC under Article 209 of t;f1eConstitution. The Prime Minister advised that the CJP be "restrained" and also that the most senior available Judge of the Supreme Court of Pakistan be ~ppornt~~ as Acting Chief Justice of Pakistan under Article 180 of the: Constitution, as it would not be in the public intere:)t, nor in consonancewith the norms of judicial propriety, that the CJP continues to perform functions of his high judicial office while the SJC was condulctingan inquiry into allegations against him for misconduct. 10. On 8 ~...rarch2007 the CJP rang the Military Secretary to the Pre:sident("MS"), requesting an urgent meeting with 5.6.7.9.'~!' I ;~, 4 ~ 4 tllie President. The President was due to leave for Karachi on 9 March, to participate in the Pakistan Navy exercise "l\.man 2007". The MS explained this position to CJP but as the CJP insisted on thc: meeting, the MS stated that he would do his best to fe-adjust the schedule. Later, after having re-adjl,1stedthe schedule the MS told the Deputy Military Secretary (OMS) to iluorm the staff of the CJP ac(;ordingly. The OMS later confirmed to the MS that this had been done. The appointment was accordingly set for 11:30 a.m. on 9 M'4i"ch2007. Jl. The CJP arrived at the President'sCamp Office at 1135 a.ml. on 9 March2007. The C.JP did not come to Army House to meet the President, as stated by him in his affidavit. The meeting took place in the President's Secretariat's Camp Office, I{awalpindi, in which the Pre:)identand his staff hold office. 12. The CJP had a one on one meeting with the President startingat 1 I :45 a.m., with only tile MS present.The ADC was not present in this meeting as stated in ~e CJP's affidavit. There is only one photographerand one TV cam(:ramanstationed at the Camp Office to cover the routilnecalls/meetings of the President.It is incorrect that a number of TV cameramenand photograpnerswere usheI-edin, as stated in the CJP's affidavit. The CJP first brief(:dthe Presidentin detail for about20 minutes on the following events:- a. SAARC Law Conference. b. SAARC Chief JusticesConference. c. GoldenJubilee ceremonyof the SupremeCourt of Pakistan. , 6 6 ChairmanCBR and to persuadehim to convey a favourable impression in this respectto the Presidency.The Chairman CBR infonned me that when he enteredthe Chamberof the CJP the latter was on telephone.After completing' the phone call he informed the Chairman CBR that he was speaking to the MS and had requestedan appointmenton 9 March 2007 for a call on the President.The CJP impressedupon the ChairmanCBR that as his appointmentfor a call on the President was likely, it was imperative that the Chairman CBR conveyed his clarifications.to the Presidentimmediately. The CJP said that this was necessaryas it was somewhatembarrassing to explain one's own case in a detailed manner.The ChairmanCBR promisedto convey CIP's clarifications to the Presidency,which he did to the cas the same day.[See: Affidavit by Abdullah Yousaf, Chairman CBR] b. CJP also telephoned Major General Mian Nadeem Ijaz Ahmad, DC: MI on 8 MarcJ1-2007 at night to seek his a:, istance and support regarding complaint filed against him by Mr. Justice Jehanzeb Rahim of the Peshawar High Court. He informed the DG MI that he had sought an appointment for a call on the President which had beer confirmed to take place on 9 March 2007 at ll30 lu"Sand that it would be appreciated if D: J MI could also be present in the Camp Office to s~pport the CJP. [See: Affidavit ofDG Mil. ~~j~~!:~ik'~; ?:: ",- .'. .I'j:. .." "" .:- .:. ~ .' . 0' f I I (ii) From the" foregoing it is clear that 1he issue of complaint filed by a servillg Judge of the Peshawar High Court against the CJP was not raised by the " President but by the CJP which apparently was the primary purpose of his call on the President. J 14. After the CJP had concluded his foregoing points, the President observed that in his last meeting with the CJP at i\iwal1-e-Sadr Qn 13 FebruarY,j2007, tl1e CJP had, requested the President to ask the intelligence a~encies to .., assist tl1e CJP in suppressin,i'ithe media reports which were tarnishing his image. The President also told tl1e CJP tllat he was informed that tl1e DO MI and DO IB had also been called individually several times by tl1e CJP at his residence for similar assistance. The DO ISI, was also called at his residence once for tl1esame purpose. IS. Based on the CJP's own request, the intelligence agencies caLrriedout a discreet fact finding probe. 16. The President informed.. the CJP tJlathe has had the best of reilatiotJswith the CJP and he held him in high esteem and he was, therefore, pained to learn about the findings of tile ~, intelligence agencies. 17. Thereafter, the President drew his attention to the main points of the Reference received by him. 18. The affidavit of tl1e CJP conveys an impression as if the President did not have any consolidated document but only a few pieces of p~pers based on the letter written by Mr. N~eem Bokhari. This statement is incorrect as the Reference from the Prime Minister along with advice to the Presidenl was received on 8 March 2007 and tile President had jotted down points after reading it. The 8. ."'" President's notes consisted of points related to the Reference and not points based on Naeem Hokhari's letter, as statedin the affidavit of CJP. 19. The President mentioned these points to the CJP. Notwithstanding his personal cordial relations with the CJP,the Presidentwas bound by the advice received from \ ?;Jt' the Prime Minister and hadno discretionin the matter. 20.' The CJP denied having approachedany body for any undue favour in the Governmentin connection with the career of his son. However, when reminded that he had approachedboth the Presidentand the Prime Minister, as w~:ll, for this purpose,the CJP readily acceptedthe same but stated that he had done the same considering the Pn~sidentas his elderbrother. 21. The CJP mentioned that he had always extended cooperation to the Government .and would remain cooperative in future as well. He said that he did not acceptmost of the other pointsand insisted that he would like:to know the ,details.The Preside~t,thereafter, told the CJP that the details could be discussedin the presenceof the intelligence heads.who had also been asked by the -. CJP himselfto find out the details.The CJPhad extremely good relations with the intelligenceheads. most of whom he met frequently. He. therefore. wanted to meet them. The Prime Minister joined the meeting at that stage. Thereafter. .at 1300 hours. the deponent and the intelligenceheads. joined the meeting. 22. Dets,ils of the Reference and the salients of the intelligenceprobe initiated at the requestof the CJP were threreafterdiscussed. The initial information received by the ]?ederalGovernment through the intelligence probe 9 '..11.
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