Reinstating PCO judges: PBC to file plea against July 2009 SC judgment

SHCBA considering filing similar petition.

ISLAMABAD: The Pakistan Bar Council (PBC) has prepared the draft of a review petition against the removal of over 100 superior court judges – who took oath under then president Pervez Musharraf’s Provisional Constitutional Order – through the Supreme Court’s July 31, 2009 judgment.

The decision to file the review petition was taken by the PBC executive committee in April 10. A draft of the 68-page review was finalised on May 24 and circulated before the committee members on June 4. Members of the executive body were subsequently asked to give their feedback in a week’s time.



However, The Express Tribune has learnt that the PBC executive committee is divided over whether to file the review. PBC’s Hamid Khan faction, known to be pro-Iftikhar Chaudhry, is strongly opposing the move.

Talking to The Express Tribune, Khan said he is writing a letter to the PBC vice chairman to convey his group’s concerns regarding the filing of the review petition.  He alleged that some executive members, aggrieved from the court’s July 2009 judgment, are misusing their authority for their own ends.

According to sources, the Independent Lawyers Group (ILG) is also divided over the filing of the review.

One senior member of the Independent Lawyer Group, who occupies a key post in the Supreme Court Bar Association, admitted that former PCO judges are stressing PBC members. He also stated that it is not wise to move a review petition on this subject as Chief Justice Tassaduq Hussain Jillani retires on July 5.

Meanwhile, one lawyer revealed that the Sindh High Court Bar Association is also considering moving a review petition in this matter. Lahore High Court Bar Association has also moved a petition on same subject and the matter is still pending.

Published in The Express Tribune, June 12^th, 2014.