SC drops contempt proceedings against PCO judges

Case pursued during the time of former CJP Iftikhar Chaudhry


Hasnaat Malik January 13, 2018
PHOTO: FILE

ISLAMABAD: The Supreme Court dropped contempt proceedings against six judges who took oath under the Provisional Constitutional Order (PCO) promulgated by General (retd) Pervez Musharraf on November 3, 2007.

The contempt notice was issued to more than 50 superior court judges in view of the July 31, 2009 judgment whereby the November 3, 2007 PCO and emergency had been declared unconstitutional.

Contempt notices issued against most of the judges were withdrawn after they had tendered an unconditional apology. However, six of the judges Justice (retd) Shabbir Raza Rizvi, Justice (retd) Hamid Ali Shah, Justice (retd) Hasnat Ahmad Khan, Justice (retd) Jahanzaib Rahim, Justice (retd) Sajjad Hussian and Justice (retd) Yasmin Abbasi refused to tender an apology over the November 3, 2007 issue.

Nine PCO judges will be prosecuted

These judges were of the view that all seven adjudicators were not present in the Supreme Court premises on November 3, 2007. They questioned why the apex did not initiate contempt proceedings against other state functionaries as the restraining order was also related to them.

Referring to the apex court, they said action against civil and military officials who had endorsed Musharraf’s November 3, 2007 emergency and PCO was also assured, but was never initiated.

The contempt case against PCO judges was pursued during the time of former chief justice Iftikhar Muhammad Chaudhry but was not taken up by his successors.

On Friday, the four-judge bench, headed by Chief Justice Mian Saqib Nisar, decided not to follow up the matter further.

The PCO judges are claiming the withdrawal of contempt notices against them a big victory.

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