Affidavit of the Chief of Staff of the President

Some salient points of the affidavit of Lt Gen (R) Hamid Javaid, Chief of Staff of President:

The CJP had a one on one meeting with the President starting at 11:45 a.m., with only the MS present. The ADC was not present in this meeting as stated in the CJP's affidavit. There is only one photographer and one TV cameraman stationed at the Camp Office to cover the routine calls/meetings of the President. It is incorrect that a number of TV cameramen and photographers were ushered in, as stated in the CJP's affidavit.

The CJP in his affidavit has sought to give an incorrect impression that the President had raised the issue of complaint of a serving Judge of the Peshawar High Court with the CJP. The facts are: -

(i) Till then the President had not received or seen the aforementioned complaint in writing. The President, therefore, did not have any intention to raise this matter with the CJP. This issue was raised by the CJP on his own initiative and not by the President as stated in CJP's affidavit. In fact, this appeared to be the main reason for his requested call on the President.

The CJP denied having approached any body for any undue favour in the Government in connection with the career of his son. However, when reminded that he had approached both the President and the Prime Minister, as well, for this purpose, the CJP readily accepted the same but stated that he had done the same considering the President as his elder brother.

In violation of the said eligibility criteria, CJP, who was not even a Judge of the Supreme Court on I January 1999, applied and obtained a plot in the said scheme.

CJP orally ordered Mr. Justice Akhtar Shabbir and Mr. Justice Sheikh Abdul Rashid of Lahore High Court not to come to court till their retirement. Mr. Justice Sheikh Abdul Rashid accordingly did not attend office till his retirement.

CJP launched a campaign of indiscreet character assassination against a number of judges of the High Courts.

The CJP wanted to initiate proceedings in the SJC for misconduct against a number of judges of the Lahore High Court as well as of the High Court of Sindh and the Peshawar High Court. The Federal Government, however, had nothing against them.

He agreed, in his meetings with the Governor Balochistan and CJ, Balochistan High Court (Constitutional Consultees) on appointment of certain judges to the BHC, but later refused to honour the mutual understanding. The Governor reported (his to the President in his letter on 10 February 2007.

The CJP summoned Additional Chief Secretary Mr. Khushnood Lashari and later Chief Secretary Mr. Kamran Rasool and made them wait for hours on being provided a Mercedes Benz car of an older model. He wanted Mercedes car of latest model. The two officers were pressurized to immediately suspend from service, Mr. Mushtaq Hamdani, DG (Protocol), Punjab, for this alleged lapse. Mr. Hamdani saved his skin only after tendering an unconditional apology.

While passing through Hyderabad, enroute to Sukkur, the CJP got extremely annoyed with DPO, Hyderabad, Mr. Ali Ahmad Junejo, for not being personally present to escort him.

The DPO's apology and explanation that he had gone to Islamabad for an official meeting, did not satisfy the CJ, who asked the officer to immediately see him at Sukkur. The DPO promptly complied but was not granted an audience and was instead conveyed orders that he should go back to Hyderabad and come to Islamabad after a few days.

PTV was ordered to ensure that the CJP was given daily coverage in the news prominently.

The CJP used hooded and armed security guards whose presence created harassment and panic for citizens at airports and public places upon his arrival.

Deeply concerned with protocol, the CJP would insist in writing on provision of cars of his choice (Mercedes or BMW) at the places he was visiting, even going to the extent of asking for police escorts consisting of personnel nominated by him. More, recently he also ordered sealing of all traffic during his movement in Islamabad and other cities.

During the CJP's visits to Karachi, the IG, Sindh, Mr. Jahnagir Mirza, was asked in writing to place 3 Police mobiles, 2 Police jeeps. Elite force contingent, SP Rana Pervez for escort, Inspector Jaffar Abbas for pilot duty and ASI Waqar Azim for gunman duty along with walkie talkie set and 9-mm Glock-17 pistol. The IG complied until the time that an officer of the rank of DIG was required to escort the CJP. The IG regretted as this was not done even in the case of .President and Prime Minister.

Being dissatisfied with the 1993 model car, CJP soon started agitating for its replacement with a 2004 model Mercedes Benz car. He kept pressing the matter till Prime Minister's approval for replacement of the car in February 2006.

Here is the complete text of the affidavit:

I, Lt Gen (R) Hamid Javaid son of Ch Muhammad Ashraf, presently working as Staff to the President of Pakistan, do hereby solemnly stale on oath as under:-

1. I was appointed as Chief of Staff to the President on 1 November 2002, and have continued to work in this position to date.

2. As Chief of Staff to the President, my responsibilities include coordination of all activities related to the President's office work.

3. 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 hereby denied.

4. I say that as per official record, Mr. Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan (on forced leave) ("CJP") made ten formal calls on the President of Pakistan. The CJP himself desired all these meetings. The details of the meetings between the President of Pakistan and Mr. Justice Iftikhar Muhammad Chaudhry both as Judge of the Supreme Court and CJP are given below: -

Date Venue

As Judge of SCP

07-10-2004 Army House

07-05-2005 Camp Office

As CJP Vl

04-10-2005 Army House

16-12-2005 Camp Office

17-12-2005 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

That besides the above formal meetings the CJP and the President interacted frequently on a number of state and social functions at the Aiwan-e-Sadr, Camp Office and GHQ.

5. The Federal Government received a number of complaints against the CJP.

6. The Federal Government prepared a draft Reference against the CJP for filing the same before the Supreme Judicial Council ("SJC")-

7. Details of the draft Reference and the Code of Conduct for Judges were brought to the notice of the President by the Prime Minister on 7 March 2007 in my presence.

8. The next day on 8 March 2007, the President's Secretariat received a summary containing advice of the Prime Minister to the President to make a Reference against CJP to the SJC under Article 209 of the Constitution.

9. The Prime Minister advised that the CJP be "restrained" and also that the most senior available Judge of the Supreme Court of Pakistan be appointed as Acting Chief Justice of Pakistan under Article 180 of the Constitution, as it would not be in the public interest, nor in consonance with the norms of judicial propriety, that the CJP continues to perform functions of his high judicial office while the SJC was conducting an inquiry into allegations against him for misconduct.

10. On 8 March 2007 the CJP rang the Military Secretary to the President ("MS"), requesting an urgent meeting with the President. The President was due to leave for Karachi on 9 March, to participate in the Pakistan Navy exercise "Aman 2007". The MS explained this position to CJP but as the CJP insisted on the meeting, the MS stated that he would do his best to re-adjust the schedule. Later, after having re-adjusted the schedule the MS told the Deputy Military Secretary (DMS) to inform the staff of the CJP accordingly. The DMS later confirmed to the MS that this had been done. The appointment was accordingly set for 11:30 a.m. on 9 March 2007.

11. The CJP arrived at the President's Camp Office at 1135 a.m. on 9 March 2007. The CJP 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, Rawalpindi, in which the President and his staff hold office.

12. The CJP had a one on one meeting with the President starting at 11:45 a.m., with only the MS present. The ADC was not present in this meeting as stated in the CJP's affidavit. There is only one photographer and one TV cameraman stationed at the Camp Office to cover the routine calls/meetings of the President. It is incorrect that a number of TV cameramen and photographers were ushered in, as stated in the CJP's affidavit. The CJP first briefed the President in detail for about 20 minutes on the following events: -

a. SAARC Law Conference.

b. SAARC Chief Justices Conference.

c. Golden Jubilee ceremony of the Supreme Court of Pakistan.

Later, the CJP opened a file and shared with the President the contents of the complaint filed against him (CJP) by Mr. Justice Jehanzeb Rahim, Judge, Peshawar High Court. He dwelled at length for about 20 minutes on the details of the case to persuade the President to his point of view in dealing with the complaint.

13. The CJP in his affidavit has sought to give an incorrect impression that the President had raised the issue of complaint of a serving Judge of the Peshawar High Court with the CJP. The facts are;-

(i) Till then the President had not received or seen the aforementioned complaint in writing. The President, therefore, did not have any intention to raise this matter with the CJP. This issue was raised by the CJP on his own initiative and not by the President as stated in CJP's affidavit. In fact, this appeared to be the main reason for his requested call on the President.

This fact is also substantiated from the following:-

a. CJP called Mr. Abdullah Yousuf, Chairman CBR, to his Chamber in the Supreme Court on 8 March 2007. The Chairman went to the meeting assuming that, as per his usual practice, the CJP would be discussing cases of CBR pending in the Supreme Court. However, the main issue that the CJP discussed with the Chairman CBR was the complaint filed against him by Mr. Justice Jehanzeb Rahim, a serving Judge of the Peshawar High Court and explained in detail that he was not at fault. All this was done with a view to convince the Chairman CBR and to persuade him to convey a favourable impression in this respect to the Presidency. The Chairman CBR informed me that when he entered the Chamber of 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 requested an appointment on 9 March 2007 for a call on the President. The CJP impressed upon the Chairman CBR that as his appointment for a call on the President was likely, it was imperative that the Chairman CBR conveyed his clarifications to the President immediately. The CJP said that this was necessary as it was somewhat embarrassing to explain one's own case in a detailed manner. The Chairman CBR promised to convey CJP's clarifications to the Presidency, which he did to the COS the same day. [See: Affidavit by Abdullah Yousaf, Chairman CBR]

b. CJP also telephoned Major General Mian Nadeem Ijaz Ahmad, DG Ml on 8 March 2007 at night to seek his assistance 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 been confirmed to take place on 9 March 2007 at 1130 hrs and that it would be appreciated if DG MI could also be present in the Camp Office to support the CJP. [Sec: Affidavit of DG MI].

(ii) From the' foregoing it is clear that the issue of complaint filed by a serving 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.

14. After the CJP had concluded his foregoing points, the President observed that in his last meeting with the CJP at Aiwan-e-Sadr on 13 February 2007, the CJP had requested the President to ask (the intelligence agencies to assist the CJP in suppressing the media reports which were tarnishing his image. The President also told the CJP that he was informed that the DG MI and DG IB had also been called individually several times by the CJP at his residence for similar assistance. The DG ISI, was also called at his residence once for the same purpose.

15. Based on the CJP's own request, the intelligence agencies carried out a discreet fact finding probe.

16. The President informed the CJP that he has had the best of relations with the CJP and he held him in high esteem and he was, therefore, pained to learn about the findings of the intelligence agencies.

17. Thereafter, the President drew his attention to the main points of the Reference received by him.

18. The affidavit of the CJP conveys an impression as if the President did not have any consolidated document but only a few pieces of papers based on the letter written by Mr. Naeem Bokhari. This statement is incorrect as the Reference from the Prime Minister along with advice to the President was received on 8 March 2007 and the President had jotted down points after reading it. The President's notes consisted of points related to the Reference and not points based on Naeem Bokhari's letter, as stated in the affidavit of CJP.

19. The President mentioned these points to the CJP. Notwithstanding his personal cordial relations with the CJP, the President was bound by the advice received from the Prime Minister and had no discretion in the matter.

20. The CJP denied having approached any body for any undue favour in the Government in connection with the career of his son. However, when reminded that he had approached both the President and the Prime Minister, as well, for this purpose, the CJP readily accepted the same but stated that he had done the same considering the President as his elder brother.

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 accept most of the other points and insisted that he would like to know the details. The President, thereafter, told the CJP that the details could be discussed in the presence of the intelligence heads, who had also been asked by the CJP himself to find out the details. The CJP had extremely good relations with the intelligence heads, 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 intelligence heads, joined the meeting.

22. Details of the Reference and the salient of the intelligence probe initialed at the request of the CJP were thereafter discussed. The initial information received by the Federal Government through the intelligence probe and other sources proved correct on subsequent verification and counter-check. Details are as follows:

(A) Allotment of Plot in Karachi

(a) Judges of the Superior Judiciary were not eligible for allotment of plots in Federal Government Employees Housing Scheme, Phase-II, Karachi, launched in February 1999, which was meant for Federal Government Employees with minimum of 10 years regular Federal Government Service on 1 January 1999. The expression "Federal Government Employee" was clearly defined to include only civil servants as defined under the Civil Servants Act, 1973 (including civilian employees paid from defense estimates) and employees of autonomous/semi-autonomous organizations and public sector corporations under the administrative control of the Federal Government (including employees serving in the Federal Government Employees Housing Foundation). The Chief Justice of Pakistan is clearly not a Federal Government employee. [See: Copy of Brochure of FGEHF for Karachi Housing Scheme Phase-II]

(b) In violation of the said eligibility criteria, CJP, who was not even a Judge of the Supreme Court on I January 1999, applied and obtained a plot in the said scheme. (Sec: (i) Application of CJP for allotment of plot and (ii) Proof of Allotment]

(c) It may be stated that in his capacity as a judge he had already been allotted a plot in Islamabad,

(E) Harassment of Judges

(a) CJP orally ordered Mr. Justice Akhtar Shabbir and Mr. Justice Sheikh Abdul Rashid of Lahore High Court not to come to court till their retirement. Mr. Justice Sheikh Abdul Rashid accordingly did not attend office till his retirement.

(b) CJP launched a campaign of indiscreet character assassination against a number of judges of the High Courts.

(c) The CJP wanted to initiate proceedings in the SJC for misconduct against a number of judges of the Lahore High Court as well as of the High Court of Sindh and the Peshawar High Court. The Federal Government, however, had nothing against them. These judges included:

Lahore High Court

(i) Mr. Justice Abdul Shakoor Piracha

(ii) Mr. Justice Shabbar Raza Rizvi

(iii) Mr. Justice Akhtar Shabbir

(iv) Mr. Justice Sheikh Abdul Rashid

High Court of Sindh

(i) Mr. Justice Sarmad Jalal Osmany

(ii) Mr. Justice Mushir Alam

(iii) Mr. Justice Arif Hussain Khilji

(iv) Mr. Justice Amir Hani Muslim

(v) Mr. Justice Afzal Soomro

Peshawar High Court

(i) Mr. Justice Shah Jehan Khan

(ii) Mr. Justice Ejaz ul Hassan Khan

(iii) Mr. Justice Jehanzeb Rahim

Personal bias in appointment of Judges

(a) His insistence on appointment of judges of his choice, in complete disregard to the recommendations of the other constitutional consultees, created an impasse, resulting in a large number of vacant posts in the High Courts of Punjab and Balochistan, which adversely affected the working of these courts. Lahore High Court is, thus, short of seventeen (17) judges while Balochistan is short of three (3) judges. A total number of seven (7) appointments to the High Court of Sindh were also [lending with the CJP.]

(b) He agreed, in his meetings with the Governor Balochistan and CJ, Balochistan High Court (Constitutional Consultees) on appointment of certain judges to the BHC, but later refused to honour the mutual understanding. The Governor reported (his to the President in his letter on 10 February 2007.[See: Governor Balochistan's letter]

(G) Misuse of Authority

(a) The CJP insisted that the previous Chief Justice of FSC Mr. Justice Ch Ijaz Yousaf be retired. He later pressurized Mr. Justice Nasim Sikandar, Judge Lahore High Court, to withdraw his nomination after he had been notified as CJ of FSC. The post of CJ FSC remained vacant for a considerable time.

(b) Finally, following the appointment of Mr. Justice Haziqul Khairi the current CJ FSC he insisted on forcing upon the new CL judges of his own (CJP's) choice. 'The CJ FSC refused to accept this and threatened to resign. The CJP, thus, created an impasse, which resulted in an incomplete and dysfunctional Federal Shariat Court for several months.

(H) Intimidation of Civil Servants: The CJP summoned Additional Chief Secretary Mr. Khushnood Lashari and later Chief Secretary Mr. Kamran Rasool and made them wait for hours on being provided a Mercedes Benz car of an older model. He wanted Mercedes car of latest model. The two officers were pressurized to immediately suspend from service, Mr. Mushtaq Hamdani, DG (Protocol), Punjab, for this alleged lapse. Mr. Hamdani saved his skin only after tendering an unconditional apology. [See: Unqualified apology tendered by Lt Col (R) Mushtaq Hussain Hamdani, DG(Protocol) Punjab and Affidavit by Mr. Khushnood Akhtar Lashari, former Additional Chief Secretary Punjab].

(I) Intimidation of Police Officers (a) While passing through Hyderabad, enroute to Sukkur, the CJP got extremely annoyed with DPO, Hyderabad, Mr. Ali Ahmad Junejo, for not being personally present to escort him.

(b) The DPO's apology and explanation that he had gone to Islamabad for an official meeting, did not satisfy the CJ, who asked the officer to immediately see him at Sukkur. The DPO promptly complied but was not granted an audience and was instead conveyed orders that he should go back to Hyderabad and come to Islamabad after a few days. [See: Affidavit by Mr. Ali Ahmad Junejo, DPO Hyderabad].

(J) Interference in Administration

During a private visit to Pishin with his family, the CJP ordered the DPO, Mr. Amil Shamim Wynne, to immediately promote his personal orderly: Constable Abdur Rehman. The DPO submitted that the Constable did not meet the requisite criteria and could not be promoted under the rules. The CJP, however, insisted compliance of his directions before the end of the day. The DPO eventually, had to oblige, the same day, under pressure of the CJP. [See: Affidavit by Mr. Amil Shameem Wyne, former DPO Pishin]

(K) Self Projection

High Visibility on Media

(a) The CJP, unlike the former Chief Justices of Pakistan, who generally spoke through their judgments, desired a lot of self-projection and especially employed an officer to arrange special media projection for him. The PRO was tasked to ensure prominent reporting of CJP's activities in all newspapers and the electronic media.

(b) PTV was ordered to ensure that the CJP was given daily coverage in the news prominently. [See: Affidavit by Mr. Khalid Bilal, former PRO Supreme Court of Pakistan]

Concern with Protocol

(c) The CJP used hooded and armed security guards whose presence created harassment and panic for citizens at airports and public places upon his arrival.

(d) Deeply concerned with protocol, the CJP would insist in writing on provision of cars of his choice (Mercedes or BMW) at the places he was visiting, even going to the extent of asking for police escorts consisting of personnel nominated by him. More, recently he also ordered sealing of all traffic during his movement in Islamabad and other cities. [See: (i) Affidavit by Mr. Muddassir Iqbal, DG(Protocol), Sindh (ii) Affidavit by Mr. Zia-ul-Hasan Khan, former IG Punjab (iii) Affidavit by Mr. Mushtaq Hussain Hamdani, DG (Protocol) Punjab and (iv) Supreme Court's letters dated 20 August 2005, and 22 March, 20 April, 21 October and 7 December 2006]

(e) During the CJP's visits to Karachi, the IG, Sindh, Mr. Jahnagir Mirza, was asked in writing to place 3 Police mobiles, 2 Police jeeps. Elite force contingent, SP Rana Pervez for escort, Inspector Jaffar Abbas for pilot duty and ASI Waqar Azim for gunman duty along with walkie talkie set and 9-mm Glock-17 pistol. The IG complied until the time that an officer of the rank of DIG was required to escort the CJP. The IG regretted as this was not done even in the case of .President and Prime Minister. [See: Affidavit by Mr. Jehangir Mirza, former IG Sindh].

Penchant for Expensive Cars

(f) Two Honda Accord cars were purchased from Government funds, in relaxation of rules, for protocol duty for a 2-day conference, at a cost of Rs. 60 lacs. These cars have since then been used by CJP's family and son at Islamabad and Lahore for purely private and personal use. CJP's son Dr. Arslan Iftikhar who was using one of these cars (CIA-2) in Lahore drew petrol on Supreme Court Account against Registration number IDL-9966. [See: (i) Affidavit by Mr. Safdar Ali, Constable (ii) Affidavit by Mr. Muhammad Naeem, Assistant Incharge (Security Guard), (iii) Affidavit by Mr. Murravat Bari, Incharge Security and (iv) Affidavit by Ali Ahmed, Manager, Kakasian Autos, Lahore)

23. Besides the above information a large number of other complaints were, received by the Federal Government against the CJP.

24. In his affidavit, the CJP has tried to create an impression as if the Mercedes Car in his use had been sent by the Prime Minister of his own volition. To the contrary, CJP obtained the said car by exerting maximum pressure.

25. Under the Supreme Court Judges (Leave, Pension and Privileges) Order, 1997, a Judge is entitled to the use of only one official car (1600 cc), subject to fuel limit of 400 liters per month. (Article 21). [See: Statement of Ministry of Law, Justice & Human Rights]

26. The Mercedes car in the use of the then Chief Justice of Pakistan in 1997 was surrendered by his successor Mr. Chief Justice Ajmal Mian in March 1998, who also laid down guidelines that in case of shortage of ears in the Supreme Court Car Pool, the Honourable Judges would share the available cars but in no case the Court would request the Cabinet Division for providing ears to any of the Judges of the Supreme Court at Islamabad. [See: Supreme Court's Order regarding use of official transport]

27. Contrary to the above rules/guidelines, Mr. Justice Iftikhar Muhammad Chaudhry pressurized the Principal Secretary to the Prime Minister Mr Javed Sadiq Malik for provision of a Mercedes Benz car from the pool of the Cabinet Division, which was provided in July 2005.

28. Being dissatisfied with the 1993 model car, CJP soon started agitating for its replacement with a 2004 model Mercedes Benz car. He kept pressing the matter till Prime Minister's approval for replacement of the car in February 2006. [See: Affidavit by Mr. Javed Sadiq Malik, former PSPM]

29. The impression sought to be created by CJP that the sole purpose of the meeting was to extract resignation from the CJP, is incorrect. The meeting held at the request of CJP, in which he himself raised the issue of complaint filed by a judge of the Peshawar High Court, was utilized to inform the CJP about the Reference which had been received by the President a day earlier and which the President was duty bound to submit to the SJC in spite of his good relations with CJP. The result of the probe conducted by intelligence agencies at the behest of CJP was also shared with the CJP during this meeting. The intelligence chiefs were asked to join the meeting when the CJP so desired.

30. Through the affidavit, an attempt has been made to create an impression that CJP was made to stay at the President's Secretariat, Camp Office, Rawalpindi, against his will. The contents of the CJP's affidavit are self-contradictory. He on the one hand has stated that an officer, "prevented the exit of the deponent" and on the other he has stated that he was kept at the Camp Office "on one pretext or the other".

31. As a routine security measure, persons visiting the President are requested not to carry mobile phones with them. The CJP, however, during the course of the day had a message conveyed to his Staff Officer that his family be informed that his programme to go to Lahore had been canceled. The message was duly communicated by the Staff Officer, it is, therefore, incorrect that the CJP was held incommunicado and against his will at the Camp Office. By distorting the facts and relying mostly on conjecturing, a very misleading picture has been portrayed, which is far from the truth.

32. The fact of the matter is that CJP went to call on the President on his own request. He even asked DG MI to be present there to support him. Earlier, he had met the DG IB and DG ISI and had sought their support. The CJP enjoyed cordial relations with all the intelligence chiefs who were present. Personally no one bore any ill will towards him. He and his family were on visiting terms with the DG IB. The DG MI and CJP spoke frequently and the former visited the latter, at his residence, a number of limes. The environment during the entire duration remained polite and the decorum was maintained at all times. No one threatened the CJP. No one coerced him to write out a resignation. Resignation in such situations is always an option. The CJP chose to face the Reference. [See: Affidavit of Brig (Retd.) Ijaz Ahmad Shah, DG IB].

33. At the personal level the CJP enjoyed excellent relations with all who mattered including the President. The President was, however, obligated under the provisions of the Constitution to make the Reference after he had been so advised.

34. When the CJP wanted to have the details of (he points raised, the intelligence chiefs were called in, at his request. The President, the Prime Minister, the COS to the President and Military Secretary to the President left at 1400 hrs and the Chief Justice stayed behind for further discussions with the Intelligence heads with whom he had cordial relations. The entire file of the reference with supporting documents and intelligence information in several folders remained available and a lot of time was consumed as the CJP discussed the matter in detail with those present. The DG IB and DG ISI also left at 1500 hours. The CJP remained with the DG MI till his departure, the latter went to see him off till his car. While with the DG MI, the CJP kept discussing the Reference and the possibility of another meeting with the President which could not be arranged. [See: Affidavit of Major General Mian Nadeem Ijaz Ahmad, DG Ml].

35. The statement in (he affidavit of CJP that any special plane was made available for the Chief Justice, Lahore High Court is incorrect.

36. It may also be stated that the President usually is in uniform. The meeting with the CJP was scheduled on the insistence of the CJP for 9 March 2007 after re-adjusting the schedule of the President. This, as stated above was done on 8 March 2007.

37. The CJP has also given the impression that he was for several days held incommunicado at his residence where his telephone lines were disconnected and the mobile phones of his family members jammed. This is incorrect. From 5 p.m. on 9 March 2007 till 13 March more than three hundred and fifty calls were made/received from/on the mobile phone of his son. Amongst others Mian Mohammad Nawaz Sharif also called on this mobile line.[See: The News, press clipping]. The land line was also in use and in addition to the-local calls which arc not recorded in the exchange, a number of outstation and mobile phone calls were made. [See: Toll data of phone companies]

38. Mindful of the dignity of the high office of the CJP and given its esteem for the institution of the judiciary, it is with considerable reluctance that the aforementioned facts have been raised. This course has now been reluctantly adopted merely to bring the facts on the record. This has been done because the CJP has filed an affidavit which is incorrect in material particulars and statements have been made by counsel both in and out of court that as the CJP's affidavit remains unrebutted it must be deemed true.

Saturday June 16, 2007 - 09:41pm
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