Contempt proceedings against PCO judges: Formation of SC bench questioned

Justice Syed Shabbar Rizvi’s lawyer says three judges should dissociate themselves from the bench .

ISLAMABAD: A Supreme Court bench hearing a contempt of court case against judges who had taken oath under the Provisional Constitutional Order (PCO) received another blow on Tuesday when one of the attorneys objected to the formation of the bench.

Dr Abdul Basit, the counsel for Justice Syed Shabbar Raza Rizvi and Justice Hassnat Ahmad Khan,  objected that three judges of the five-member bench, headed by Justice Sair Ali, had an “ugly incident” (prejudice) with his client, therefore, he demanded that they should disassociate themselves from the bench.

Earlier Justice Nasirul-Mulk and Justice Raja Fayyaz Ahmad had disassociated themselves from the bench that was hearing the same case.

Raza Kazim, the counsel for Justice Syed Hamid Ali Shah, said judges and generals do not fall in the category of civil society therefore contempt of court proceedings could not be initiated against them unless there was evidence.

Ali Zafar, the counsel for Justice Yasmin Abbasi, asked the court whether the 14-member bench could issue notices to the Supreme Court and superior courts judges, adding that there was no such precedent in the world of judges issuing notice to their colleagues. He further argued that there was no mention of contempt of court in the July 31 judgment.

In its July 31, 2009 judgment, the apex court had directed the government to file references in the Supreme Judicial Council against those judges who had taken oath under the PCO on November 3, 2007 and violated the seven-member bench judgment against emergency imposed by former president Pervez Musharraf.

Over 60 judges of the superior courts tendered their apologies before the apex court. However, 10 judges had not apologised and decided to contest the contempt of court cases including Justice (retd) Iftikhar Hussain Chaudhry, Justice Khurshid Bhinder, Justice Hamid Ali Shah, Justice Zafar Iqbal Chaudhry, Justice Hasnat Ahmad Khan, Justice Shabbar Raza Rizvi, Justice Yasmin Abbasi, Justice Jehanzaib Rahim, Justice Sayed Zahid Hussain and Justice Abdul Hameed Dogar.  The court will resume hearing of the case on Wednesday.

Published in The Express Tribune, December 1^st, 2010.