ISLAMABAD: After four weeks of hearing preliminary arguments, the Pakistan Supreme Court on Monday allowed the petition of Chief Justice Iftikhar Chaudhary challenging the government reference against him, but without explicitly saying so.

The full court, which is hearing the case on a daily basis, was to deliver a verdict on the "maintainability" of the petition at Monday's hearing.

But when the day's proceedings began, the court said it would pronounce its decision on this aspect of the case at the end, along with the decision on the merits of Mr. Chaudhary's petition.

The development is seen as a setback for the government. Lawyers for the government argued over the last month that the Supreme Court should not admit Mr. Chaudhary's petition as the Pakistan President and the Supreme Judicial Council enjoyed immunity.

Deferring its verdict on this aspect, the court asked Mr. Chaudhary's lawyers to start presenting arguments on the merits of the petition - its substance - in which the Chief Justice has contended that the President's action against him was a malafide act and a violation of the Constitution.

Legal experts said that this was as good as admitting Mr. Chaudhary's petition, although the court has not said this. It paves the way for a hearing of the happenings on March 9, when according to the Chief Justice, he was held incommunicado by the President, Prime Minister and the top bosses of the country's three intelligence agencies while they tried to force him to resign. The government denies this. Both sides have filed affidavits giving their respective versions.

Aitzaz Ahsan, lead counsel for Mr. Chaudhary said he was "very happy and satisfied" that the court had begun hearing the substance of the Chief Justice's petition.

Ahmed Raza Kasuri, a lawyer for the government, said as the judges had said "nothing adverse against the government," it could not be described as a "setback".

In another development, the government has said it will file a second reference "at an appropriate time" against the Chief Justice based on his "post-reference acts", that is his public campaign against his March 9 "suspension", and on some of the allegations against him contained in an affidavit filed by Gen. Musharraf's chief of staff.

Law Minister Wasi Zafar said the second reference had become necessary because the Chief Justice's lawyers had aimed for a "political defence" of the reference as they were "low on legal defence".

Political parties panned the government plan for a second reference as "another mistake" by the government, while Mr. Ahsan, the lawyer for Mr. Chaudhary said it showed that the government had "lost all hopes" of winning the case on the first reference.

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