Ex-CJ files review plea against penalty

ISLAMABAD:

Former chief justice of Pakistan Jawwad S Khawaja has challenged a decision of the Supreme Court's Constitutional Bench (CB) to impose a fine on him for filing a "frivolous" application.

Justice (retd) Khawaja had filed a miscellaneous application in the court requesting the CB to defer hearing the military courts case until the constitutional validity of the 26th Amendment was determined.

However, in an unprecedented move a seven-member CB on December 9 rejected the plea as "frivolous" while also imposing a fine of Rs20,000 on the former top judge.

In its five-page order issued on December 20, the bench expressed surprise over the argument presented by the petitioner's counsel, describing it as lacking merit.

The former CJP has now filed a review petition against the CB's decision, requesting the removal of the observation deeming his constitutional petition frivolous.

The petition raises concern about the lack of reference to the law under which penalty was imposed, arguing that imposing fines without notice violates Article 10-A of the Constitution.