PCO judges case: ‘SC risks defamation on judges’ prosecution’
Dogar’s counsel insists judges cannot be charged with contempt of court.
ISLAMABAD:
The Supreme Court of Pakistan will be defamed if it prosecutes judges for contempt of court, warned Ibrahim Satti, counsel for former chief justice Abdul Hameed Dogar as he picked up the thread of his arguments before the apex court on Monday.
“For the law of the land to reign supreme, we have to pass through the nettles in the way,” observed Justice Jawad S Khawaja.
The four-member larger bench constituted for hearing the contempt of court cases against PCO judges is headed by Justice MA Shahid Siddiqui and comprises Justice Jawad S Khawaja, Justice Khilji Arif Hussain and Justice Tariq Pervez.
“The PCO judges who tendered unconditional apologies were afraid of facing court trials. They would also have been considered transgressors for disobeying the court order,” Satti argued.
Chief Justice Iftikhar Muhammad Chaudhry challenged the reference sent to him under article 209 of the Constitution in the Supreme Judicial Council. “My client has also decided to defend his actions in accordance with the law.”
“A sitting judge cannot be restrained from performing his duties by an order nor can a judge charge his colleague with contempt of court,” the counsel contended.
“When someone commits contempt of court, he is issued a notice,” Justice Khilji Arif Hussain remarked. “The court issued notices to 71 judges not just your client. Some 61 judges tendered their apologies and the remaining ten decided to contest the case including your client.”
The court has adjourned the case till tomorrow.
The court has been hearing the cases of Justice (retd) Abdul Hameed Dogar, and former chief justice of Lahore High Court, Iftikhar Hussain Chaudhry.
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 Jehan Zaib Rahim.
Published in The Express Tribune, January 18th, 2011.
The Supreme Court of Pakistan will be defamed if it prosecutes judges for contempt of court, warned Ibrahim Satti, counsel for former chief justice Abdul Hameed Dogar as he picked up the thread of his arguments before the apex court on Monday.
“For the law of the land to reign supreme, we have to pass through the nettles in the way,” observed Justice Jawad S Khawaja.
The four-member larger bench constituted for hearing the contempt of court cases against PCO judges is headed by Justice MA Shahid Siddiqui and comprises Justice Jawad S Khawaja, Justice Khilji Arif Hussain and Justice Tariq Pervez.
“The PCO judges who tendered unconditional apologies were afraid of facing court trials. They would also have been considered transgressors for disobeying the court order,” Satti argued.
Chief Justice Iftikhar Muhammad Chaudhry challenged the reference sent to him under article 209 of the Constitution in the Supreme Judicial Council. “My client has also decided to defend his actions in accordance with the law.”
“A sitting judge cannot be restrained from performing his duties by an order nor can a judge charge his colleague with contempt of court,” the counsel contended.
“When someone commits contempt of court, he is issued a notice,” Justice Khilji Arif Hussain remarked. “The court issued notices to 71 judges not just your client. Some 61 judges tendered their apologies and the remaining ten decided to contest the case including your client.”
The court has adjourned the case till tomorrow.
The court has been hearing the cases of Justice (retd) Abdul Hameed Dogar, and former chief justice of Lahore High Court, Iftikhar Hussain Chaudhry.
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 Jehan Zaib Rahim.
Published in The Express Tribune, January 18th, 2011.