‘A line drawn by the judiciary’

SC dismisses objections raised by PCO judges.

ISLAMABAD: On November 3, 2007, a line was drawn by the judiciary. On one side of the line were judges who accepted the rule of law and the Constitution and on the other side were those who supported the usurper, Justice Mahmood Akhtar Shahid Siddiqui remarked on Monday during the proceedings of the PCO judges’ case.

A four-member bench of the Supreme Court, headed by Justice Siddiqui, announced its verdict, dismissing the objections raised by PCO judges against two members of the bench and rejected the plea for the formation of a new bench. The court has decided to take up the case from today.

Justice (retd) Abdul Hameed Dogar had objected to the presence of Justice Tariq Pervaiz and Justice Khilji Arif Hussain, saying that they had taken oath from him, while Justice Rahim had sought the recusal of Justice Siddiqui, Justice Jawwad S Khawaja and Justice Tariq Parvez saying they would be biased against him. He had had an exchange of harsh words with Justice Tariq Pervez while playing golf at the Peshawar Golf Club, he wrote in his application.

During the case, Justice Khawaja observed that to uphold and enhance the dignity and honour of the court is the duty of both the bench and the bar.

Khalid Ranjha, the counsel for Justice (retd) Iftikhar Hussain Chaudhry, pleaded that it is not enough that justice is delivered; justice should be visible as well. He argued that in the interest of justice and fair play, the judges against whom objections have been raised should be recused from the bench, so that requirements of Article 10A of the Constitution are fully met, now a fundamental right guaranteed to every citizen.

A five-member bench comprising Justice Muhammad Sair Ali, Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja, Justice Khilji Arif Hussain and Justice Tariq Parvez had initiated the hearing of the contempt of court cases against PCO judges from November 29.  After the objections raised by Dr Abdul Basit, counsel for Justice Hasnat Ahmed Khan and Justice Shabbar Raza Rizvi, against three members of the bench, Justice Sair Ali, Justice Shahid Akhtar Siddiqui and Justice Tariq Pervaiz, the bench was dismantled. The bench while dismissing the objection, discontinued the hearing as Justice Sair Ali, who was heading the bench, refused to entertain the case.

Subsequently, a four-member bench headed by Justice Shahid Siddiqui was formed comprising Justice Jawwad S Khawaja, Justice Arif Khilji and Justice Tariq Pervaiz. Before the bench could resume hearing of the contempt-of-court case, former chief justice Abdul Hameed Dogar and Justice Jahanzeb of the Peshawar High Court filed objections against the constitution of the new bench.

Published in The Express Tribune, December 14^th, 2010.