PCO judges case: Call for truce

Counsel for PCO judges changes tactics, says judges would like to work with CJ.


Express January 22, 2011

ISLAMABAD: Chief Justice Iftikhar Muhammad Chaudhry is rendering a great service for the country and Justices Shabbar Raza Rizvi and Hasnat Ahmad Khan would like to work with him. Dr Abdul Basit, counsel for PCO judges submitted in the Supreme Court on Friday.

Corrupt officials fear the Chief Justice next to God, Dr Basit submitted 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. The counsel hinted his clients were willing to drop the case as long as they escape prosecution.

Defence lawyers of other PCO judges manoeuvring for delays in court proceedings by reeling off objections and contesting the new precedents set by the Supreme Court were caught off guard when Dr Basit laid down his arms and called for truce.

“We should work to improve the decorum of the court. Anyone violating the Constitution must be tried, including generals.  No one has ever challenged martial law but on November 3, 2007 for the first time in the history of the country, the Supreme Court took a stand when seven of its judges gave the verdict against the imposition of emergency,” the counsel maintained.

“But a few judges supported a usurper and took oath under the PCO,” Justice Siddiqui observed.

“There were those who put up a resistance and confronted the dictator,” Dr Basit said in his conciliatory remarks.

“When did your clients come to know of the decision of the seven-member bench and what did they do about it? Justice Khawaja asked the counsel.

“The decision was faxed to my clients according to my information. They did not receive the original copy of the restraining order,” the counsel responded.  The Registrar was to dispatch the original but he was busy in the oath taking ceremony.

“A fast is not considered broken if someone drinks water by mistake,” Dr Basit added. “Mistakes may be rectified,” Justice Khawaja observed.

Published in The Express Tribune, January 2011.

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