Provisional constitutional order: Taking oath under PCO highly disgraceful, says SC
“To be sworn in under the Constitution is fine but to take oath under the Provisional Constitutional Order is equal to performing ablution with contaminated water,” Justice MA Shahid Siddiqui remarked during the course of hearing.
Justice Siddiqui is heading the four-member larger bench of the apex court constituted to conduct the proceedings of the PCO judges’ case.
The counsel for former chief justice Abdul Hameed Dogar, Ibrahim Satti, resuming his arguments before the bench contended that a retired judge can also be prosecuted under article 209 of the Constitution.
The other members of the bench are Justice Jawad S Khawaja, Justice Khilji Arif Hussain and Justice Tariq Pervez.
“This article is only applicable to serving judges” Justice Jawad S Khawaja declared in response. Satti argued that his client was served a contempt of court notice without giving him the opportunity to present his point of view before the court.
“The events that took place on November 3, 2007 are without precedent and unparalleled in the world,” Justice Siddiqui observed. “Only sitting judges can be prosecuted by the Supreme Judicial Council under article 209 of the Constitution, whereas your client is a retired justice,” reiterated Justice Khawaja.
The counsel will continue his arguments when the court resumes hearing of the case today (Friday).
The court has been conducting the proceedings of the cases of Justice (retd) Abdul Hameed Dogar, and former chief justice of Lahore High Court, Iftikhar Hussain Chaudhry.
Published in The Express Tribune, January 14th, 2011.
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