Nine PCO judges will be prosecuted
Charges to be framed against the judges on February 21 for defying SC’s November 3, 2007 restraining order.
ISLAMABAD:
The Supreme Court on Wednesday set a new precedent in its verdict declaring that the judges will be prosecuted for taking oath under the Provisional Constitutional Order in defiance of its restraining order of November 3, 2007, in accordance with the constitution.
Justice MA Shahid Siddiqui, presiding over a four-member bench comprising Justice Jawwad S Khawja, Justice Khilji Arif Hussain and Justice Tariq Parvez announced the verdict in the jam-packed courtroom.
Judges are not entitled to immunity under the constitution and despite their honourable status as justices of the Supreme Court and the High Courts; they have rendered themselves liable for the consequences, states the judgment.
The apex court will frame charges against PCO judges contesting the contempt of court cases on February 21 for defying the restraining order issued by the seven-member bench. The respondents may appear on that date to enter their pleas on the charges framed, or if they choose, instruct their attorneys.
The bench absolved Justice Zafar Iqbal Chaudhry and Justice Khurshid Anwar Bhinder from contempt of court since they had not been appointed as judges of the Lahore High Court by November 3, 2007 and had taken oath from PCO Chief Justice Abdul Hameed Dogar.
In response to the criminal petitions for issuance of contempt of court notices to former president Pervez Musharraf, former prime minister Shaukat Aziz, Army Chief Ashfaq Parvez Kayani and corps commanders instrumental in proclaiming emergency on November 3, filed by Justices Hasnat Ahmad Khan and Syed Shabbar Raza Rizvi, the bench noted that the case against these persons is materially different from the charges to be faced by the respondents.
Contempt alleged against these persons is primarily consequent to the proclamation of emergency, and the Oath of Office Order 2007, which was an assault on the independence of the judiciary. It appears, prima facie, that these instruments were issued prior to, and not in disobedience of, the order.
Proceedings against them may be initiated independently either before this bench or before some other bench as may be determined by the Chief Justice.
For the past three months the bench has been conducting proceedings for contempt of court charges against the ten judges who had decided to contest contempt of court charges. They are Justice (Retd) Iftikhar Hussain Chaudhry, Justice Khurshid Anwar Bhinder, Justice Hamid Ali Shah,Justice Zafar Iqbal Chaudhry, Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza, Justice Yasmin Abbasey, Justice Jehan Zaib Rahim, Justice Sayed Zahid Hussain, Justice (Retd) Abdul Hameed Dogar, Justice Syed Sajjad Hussain Shah, Justice (Retd) Iftikhar Hussain Chaudhry and Justice Syed Hamid Ali Shah.
Published in The Express Tribune, February 3rd, 2011.
The Supreme Court on Wednesday set a new precedent in its verdict declaring that the judges will be prosecuted for taking oath under the Provisional Constitutional Order in defiance of its restraining order of November 3, 2007, in accordance with the constitution.
Justice MA Shahid Siddiqui, presiding over a four-member bench comprising Justice Jawwad S Khawja, Justice Khilji Arif Hussain and Justice Tariq Parvez announced the verdict in the jam-packed courtroom.
Judges are not entitled to immunity under the constitution and despite their honourable status as justices of the Supreme Court and the High Courts; they have rendered themselves liable for the consequences, states the judgment.
The apex court will frame charges against PCO judges contesting the contempt of court cases on February 21 for defying the restraining order issued by the seven-member bench. The respondents may appear on that date to enter their pleas on the charges framed, or if they choose, instruct their attorneys.
The bench absolved Justice Zafar Iqbal Chaudhry and Justice Khurshid Anwar Bhinder from contempt of court since they had not been appointed as judges of the Lahore High Court by November 3, 2007 and had taken oath from PCO Chief Justice Abdul Hameed Dogar.
In response to the criminal petitions for issuance of contempt of court notices to former president Pervez Musharraf, former prime minister Shaukat Aziz, Army Chief Ashfaq Parvez Kayani and corps commanders instrumental in proclaiming emergency on November 3, filed by Justices Hasnat Ahmad Khan and Syed Shabbar Raza Rizvi, the bench noted that the case against these persons is materially different from the charges to be faced by the respondents.
Contempt alleged against these persons is primarily consequent to the proclamation of emergency, and the Oath of Office Order 2007, which was an assault on the independence of the judiciary. It appears, prima facie, that these instruments were issued prior to, and not in disobedience of, the order.
Proceedings against them may be initiated independently either before this bench or before some other bench as may be determined by the Chief Justice.
For the past three months the bench has been conducting proceedings for contempt of court charges against the ten judges who had decided to contest contempt of court charges. They are Justice (Retd) Iftikhar Hussain Chaudhry, Justice Khurshid Anwar Bhinder, Justice Hamid Ali Shah,Justice Zafar Iqbal Chaudhry, Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza, Justice Yasmin Abbasey, Justice Jehan Zaib Rahim, Justice Sayed Zahid Hussain, Justice (Retd) Abdul Hameed Dogar, Justice Syed Sajjad Hussain Shah, Justice (Retd) Iftikhar Hussain Chaudhry and Justice Syed Hamid Ali Shah.
Published in The Express Tribune, February 3rd, 2011.