PCO judges: Framing of charges deferred

SC directs government to explain the legal status of PCO judges after the 18th amendment.

ISLAMABAD: The Supreme Court of Pakistan has directed the government to explain the legal status of PCO judges after the 18th amendment.

A seven-member larger bench headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing the intra court appeals of PCO judges against the short order of the four-member bench on February 2.

Advocate SM Zafar, counsel for Supreme Court’s dysfunctional judge, Justice Zahid Hussain pleaded that the four-member bench did not give reasons in its short order for framing charges against PCO judges. To prepare the client’s defence, reasons must be given first.

The counsel requested the bench to halt the proceedings of the case till the announcement of the detailed verdict when Justice Shakirullah Jan remarked that it was an interim order. “We wish to dispose of this matter as quickly as possible,” the chief justice observed.

“We are hearing this case with an open mind and heart. Prima facie those who took oath under the PCO are judges no more. Parliament has not ratified the November 3 emergency, therefore they did not take oath according to the Constitution,” the chief justice remarked.

They were judges before the judgment of July 31 and in light of the Zafar Ali Shah case they are indeed functional judges, the counsel maintained. “What is the legal status of these judges?” The chief justice asked the counsel. “How come the PCO judges are enjoying perks and privileges?” The chief justice directed the Attorney General of Pakistan Maulvi Anwarul Haq to inform the court about the government’s viewpoint regarding PCO judges.

The counsel argued for initiating proceedings in pursuance of Article 6 of the Constitution against those who imposed emergency in the country. It is the Parliament’s responsibility to proceed against usurpers under Article 6, the chief justice remarked.

Raza Kazim, counsel for PCO judge Syed Hamid Ali Shah appeared before the court and sought adjournment of the case to formulate his argument. The court adjourned the case till March 3. The four-member bench was to frame charges against PCO judges, but the proceedings have been adjourned till March 7 as the intra court appeals are still pending in the Supreme Court.

Published in The Express Tribune, February 22^nd, 2011.