Sacking of PCO judges: PBC wants verdict on judges’ removal reviewed

Bar council requests the Supreme Court to make removed judges respondents in the case; another petition to be filed.

ISLAMABAD:

The Pakistan Bar Council on Tuesday moved a review petition in the Supreme Court, requesting it to review the July 31, 2009 judgment regarding the removal of more than 100 judges.

Although the top court has already rejected former military ruler Gen (retd) Pervez Musharaf’s review petition against the same judgment, the apex body of lawyers has filed a 68-page review petition under Article 188 of the Constitution.

It also contended that contempt proceedings could not be initiated against the superior courts’ judges as no precedent can be found.

The review plea claimed that the July 31, 2009 judgement was tainted with bias as none of the removed judges was impleaded as party to the petitions.

The PBC has also requested the apex court to determine the true state of the November 3, 2007 restraining order and also its service/non-service upon the judges and persons concerned.

The November 3 restraining order was addressed to the president, prime minister, superior courts’ judges, chief of army staff, corps commanders, staff officers and all concerned civil and military authorities, but the contempt proceedings were only initiated against judges for violating the court’s order, according to the petition.

“There is a classic example of discrimination in the enforcement of the court’s November 3, 2007 order as it shows that the whole object of the July 31 judgment was to send the judges of the superior courts home through a coercive methodology”.

The review petition requested the SC to lay down in clear terms that no judge of the superior judiciary once appointed can be removed except following the procedure laid down under Article 209 of the Constitution.

“It becomes absolutely necessary to find out the circumstances and reasons that impelled the learned judges to tender their resignations and seek premature retirements. They, perhaps for the sake of the institution’s honour and self-respect, have not agitated the matter.”

Therefore, the PBC requested the court to make the judges respondents so that their version could be presented in court.

The PBC, in its petition, has also emphasised that the Judicial Commission of Pakistan (JCP) Rules, 2010 should be amended as well as the criteria for suo motu notices and proceedings should also be set.

Meanwhile, a group in the PBC has decided to oppose this review petition in the apex court.

Talking to The Express Tribune, Hamid Khan, the head of the opposition group, said that out of 22 PBC members, nine of them strongly object to the filing of this review petition.

They will also move a petition against this review plea in the apex court, he added.

Published in The Express Tribune, July 9^th, 2014.