PCO judges’ case: Objections on SC bench composition dismissed

Justice Sair Ali steps down as head of the 5-member bench.

ISLAMABAD:
The Supreme Court on Monday dismissed objections raised by attorneys of PCO judges on the bench’s composition as invalid as Justice Sair Ali stepped down as the head of the bench.

After Justice Sair Ali’s separation, the bench effectively stands dissolved.

However, Justice Sair referred the matter to the Supreme Court chief justice for the constitution of a new bench.

“We will feel like orphans without your presence on the bench” Dr Basit said when Justice Sair announced his decision to dissociate himself from the bench.


“You should have thought about it before,” Justice Sair Ali replied.

Later, outside the court, Dr Basit while talking to reporters said that they reserved the right to appeal against the verdict, adding that a seven-member bench would have to be constituted for this.

The chief justice, he said, will have to find “seven such judges who may not be beneficiaries of the ‘Dogar court’. If he succeeds in finding such judges, I will personally congratulate him. Technically, this case is finished because seven such judges are not available, Basit added.

The PCO judges are facing contempt charges for taking oath under the Provisional Constitution Order (PCO) in defiance of a restraining order issued by a seven-judge Supreme Court bench on November 3, 2007, moments after the proclamation of emergency by former president Pervez Musharraf.

Published in The Express Tribune, December 7th, 2010.
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