PCO judges case: Generals should also be tried for treason, says attorney

Dr Basit argues that those who supported the Nov 3 emergency also committed contempt of court.


Express January 21, 2011

ISLAMABAD: The seven judges who passed the restraining order on November 3, 2007 will also have to stand in the witness box for cross-examination if the court does not halt proceedings against PCO judges, contended Dr Abdul Basit, counsel for Justices Shabbar Raza Rizvi and Hasnat Ahmad Khan, in the Supreme Court on Thursday.

“This would be against the court decorum,” said Dr Basit, resuming his arguments before the four-member larger bench of the apex court, headed by Justice MA Shahid Siddiqui, and comprising Justice Jawad S Khawaja, Justice Khilji Arif Hussain and Justice Tariq Pervez.

Dr Basit has petitioned the court to serve notices on the corps commanders and Army generals who supported the imposition of emergency on November 3 by former president Pervez Musharraf. He has appealed to the court to halt proceedings till the notices have been issued.

“The judges were not the only ones to commit contempt of court. The Chief of the Army Staff, corps commanders and civil authorities are also guilty of the offence. Why were they not served contempt of court notices?” he asked rhetorically.

“The judges will be handcuffed if convicted and they will be imprisoned for six months in Class C. As convicts, they would still be judges. The court should conduct contempt of court proceedings against PCO judges after revoking their status under article 209 of the Constitution,” the counsel submitted. “If the proceedings continue, it will be an insult to the judges as well as to the court.”

“We have the courage to face criticism,” Justice Jawad S Khawaja remarked. “Had it been otherwise, I would have been in Adiala Jail,” Dr Basit responded.

“Let the world see that the Supreme Court of Pakistan is not scared of the Army and it may try the Army Chief and corps commanders on mutiny charges,” the counsel argued.

Dr Basit appeared before the bench after former chief justice Abdul Hameed Dogar’s counsel, Ibrahim Satti had concluded his arguments. The court adjourned the case till today (Friday).

The cases of eight sitting judges are being heard for taking oath under the provisional constitutional order issued by former president Pervez Musharraf on November 3, 2007. They are Justice Syed Zahid Hussain, Justice Khurshid Anwar Bhinder, Justice Hamid Ali Shah, Justice Zafar Iqbal Chaudhry, Justice Hasnat Ahmad Khan, Justice Syed Shabbar Raza Rizvi, Justice Yasmin Abassi and Justice Jahan Zaib Rahim.

Published in The Express Tribune, January 21st,  2011.

COMMENTS (6)

Radial | 13 years ago | Reply Isn't the current chief justice also a "PCO judge?" Didn't he also take oath on a PCO in 1999 when Musharraf overthrew Nawaz Sharif? What's the difference between those PCO judges and the more recent ones? Just because Iftikhar Chaudhry got fired by Musharraf later on and didn't like it, he's now going after the 2007 PCO judges. Perhaps he should also go after the 1999 PCO judges, i.e., himself. Idiots and morons.
Faisal Hussain | 13 years ago | Reply The issue here is very simple. The sitting Supreme Court of Pakistan is proceedings against these judges because they refused to tender apology on the principle that they have not done any wrong by taking oath under P.C.O, because all sitting judges of Supreme Court did take oath under PCO in 2000, so if they had not committed any wrong ho come they be held responsible for the same? FUNNY PART of Proceedings is that PCO jusges are trying brother judges for taking oath under PCO.
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