PCO judges: Article 209 against sanctity of court, SC told

Counsel says Contempt of Court Act should not be extended to such an extent that it might create problems.

ISLAMABAD: The Supreme Court was told on Thursday that Article 209 of the Constitution inserted through the 17th Amendment, which enables a common man to file pleas against sitting judges, was also against the sanctity of the apex court and superior courts.

S M Zafar, the counsel for Justice Syed Zahid Hussain, one of the PCO judges, pleaded before a five-member bench of the apex court, headed by Justice Sair Ali, hearing contempt of court case against judges who swore an oath under the Provisional Constitution Order (PCO) promulgated by former president Pervez Musharraf on November 3, 2007.

Zafar submitted that the scope of the Contempt of Court Act should not be extended to such an extent that it might create problems for the institution.

Citing a number of verdicts of Indian and Pakistani courts he said that the contempt issue should not be used against judges holding highest offices for dispensing justice.

Answering a question, he replied that he was personally against the inclusion of Article 209 through 17th Amendment.

S M Zafar requested the court to grant him adjournment, adding that he would resume his arguments on Monday. However, the bench will continue hearing other identical pleas on Friday.

Published in The Express Tribune, December 3^rd, 2010.