Summons to SC judges: PHC judge faces the music
PHC sets aside show-cause notice issued by judge of court summoning 4 SC judges.
PESHAWAR:
The Peshawar High Court (PHC) has set aside a show-cause notice issued by a judge of the court summoning four Supreme Court (SC) judges to appear before him.
Justice Jehanzaib Rahim, a non-functional judge who took oath under the Provisional Constitution Order (PCO), had issued the notice on Thursday asking the four apex court judges to appear before him and explain why contempt of court proceedings should not be initiated against them.
A three-member larger bench of the PHC, comprising Chief Justice Ejaz Afzal Khan, Justice Dost Mohammad and Justice Mazhar Alam Miankhel, was constituted by Khan, following Rahim’s notices. The bench declared contempt notices to SC judges as illegal and unlawful. All perks and privileges enjoyed by Justice Rahim have also been revoked.
The bench observed that Justice Rahim had not resumed judicial work since July 10, 2009, because a contempt of court case was pending against him in the SC. In its brief order, the bench stated that the judge will not restart his judicial work in the high court until the SC’s final decision in the contempt case against him. Therefore, the bench said, by issuing notices to SC judges without informing the PHC chief justice, Justice Rahim has misused his authority.
The bench said that the PHC chief justice had directed judges not to take suo motu notices without consulting him. Therefore, the bench said, the non-functional judge had also acted against the rules of the high court without informing the chief justice of the matter.
Published in The Express Tribune, February 19th, 2011.
The Peshawar High Court (PHC) has set aside a show-cause notice issued by a judge of the court summoning four Supreme Court (SC) judges to appear before him.
Justice Jehanzaib Rahim, a non-functional judge who took oath under the Provisional Constitution Order (PCO), had issued the notice on Thursday asking the four apex court judges to appear before him and explain why contempt of court proceedings should not be initiated against them.
A three-member larger bench of the PHC, comprising Chief Justice Ejaz Afzal Khan, Justice Dost Mohammad and Justice Mazhar Alam Miankhel, was constituted by Khan, following Rahim’s notices. The bench declared contempt notices to SC judges as illegal and unlawful. All perks and privileges enjoyed by Justice Rahim have also been revoked.
The bench observed that Justice Rahim had not resumed judicial work since July 10, 2009, because a contempt of court case was pending against him in the SC. In its brief order, the bench stated that the judge will not restart his judicial work in the high court until the SC’s final decision in the contempt case against him. Therefore, the bench said, by issuing notices to SC judges without informing the PHC chief justice, Justice Rahim has misused his authority.
The bench said that the PHC chief justice had directed judges not to take suo motu notices without consulting him. Therefore, the bench said, the non-functional judge had also acted against the rules of the high court without informing the chief justice of the matter.
Published in The Express Tribune, February 19th, 2011.