PCO judges’ case : Judgment on bench’s composition reserved

SC reserves judgement on presence of three judges on the bench, adjourns hearing till December 6.


Express December 04, 2010

ISLAMABAD: The Supreme Court reserved on Friday its judgment on the presence of three judges on the bench and adjourned the hearing till Monday, December 6.

Justice Tariq Pervez, a member of the five-judge bench of the Supreme Court hearing the Provisional Constitution Order (PCO) judges’ case, has said that he was willing to appear before the court on the oath-taking of former Chief Justice Abdul Hameed Dogar under the PCO.

He was making an observation on an objection raised by Dr Abdul Basit, the counsel for Justice (retd) Hasnat Ahmed Khan, about the bench’s composition. He had objected to the presence of Justice Sair Ali head of the bench, Justice Tariq Pervez and Justice MA Shahid Siddiqui on the bench

“I am willing to appear before the court on the oath-taking of former chief justice Abdul Hameed Dogar under the PCO,” Justice Tariq Pervez said on Friday.

Justice Sair Ali said that he did not believe someone, who settled personal scores, to be a judge.

Basit said that the three judges “are biased in the case of his client … and if a verdict is delivered against PCO judges, it will be said that these judges were biased that is why they gave a wrong verdict. Therefore, all of them should themselves decide whether they want to be part of the bench or not.”

Justice Tariq Pervez remarked that according to Dr Basit’s reasoning “you will reject it by saying that the decision is wrong”, even if the verdict was based on facts.

“I enjoyed very close relations with Justice Hasnat and Justice Shaber Raza Rizvi and remained very cordial even after (the promulgation of the) PCO. However, after the restoration of the judiciary, these relations have gotten cold,” Justice Sair Ali said, adding: “You have given us sugar-coated tablets.”

During the course of hearing, Muhammad Nawaz Kharal, the counsel for Justice (retd) Abdul Hameed Dogar, is reported to have said that the then courts were being referred to as “Dogar courts … and thank God that they are not referred to as ‘Musharraf courts’. However, during discussions in the bar rooms, many lawyers term the current judiciary ‘Nawaz Sharif Courts’.”

Upon hearing this, Justice Jawad S Khawaja snubbed him and said that he should restrain himself and his arguments would be heard in due course.

Published in The Express Tribune, December 4th, 2010.

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