PCO judges” plea dismissed
ISLAMABAD: The Supreme Court on Thursday dismissed constitutional review pleas of a number of those judges who had taken oath under Provisional Constitutional Ordinance on November 3, 2007, against orders of its Registrar office jurisdiction to place objections.
A five-member bench comprising Justice Nasirul Mulk, Justice Raja Fayyaz Ahmed, Justice Jawwad S. Khawja, Justice Rahmat Hussain Jafferi and Justice Tariq Parvez dismissed the plea after Dr Abdul Basit, the counsel for former judges, contended that first, he wanted a written order on his preliminary objection to presence of two judges of the bench who had recused on last hearing.
Dr Abdul Basit resuming his arguments said that when a judge recused himself from a case, he could not join a review.
He said without deciding the preliminary objection, it would be a partisan approach to the issue especially after insertion of Article 10-A in the Constitution through 18th Amendment which strongly stressed upon right to fair trial.
He requested the bench to decide the matter of objections placed on their pleas by the Registrar office.
Justice Nasir ul Mulk told him that they had noted down his point and he could proceed on merits of the case.
He maintained that after decision on their pleas, the Court could proceed in contempt matters.
Dr Basit said that after decision against PCO judges those fellow judges were served with contempt notices under Section 204 of the Contempt of Court Act 1976 instead Section 209.
He said under Article 204 of the Constitution read with Sections 3 and 4 of the Contempt Act, the Registrar office returned their pleas against which he raised his objections.
“Our fault was that we had taken oath as judges which was prerequisite. We have followed the principle laid down in Zafar Ali Shah case in which it had been held that it would be fault on part of a judge to perform his duties without taking an oath of the office,” he added.
Taking to media personnel after proceedings he said that the Office could not impinge upon his right of appeal and the institutional branch could not perform functions of judicial officers.
Basit said that institutional branch had returned its constitutional plea with objections that he had already availed that remedy.
He said that judicial powers could be exercised by the concerned officers and not by administrative side.
The pleas were filed by former Justice Iftikhar Hussain Chaudhry former CJ LHC, Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza and Justice Syed Hamid Ali Shah.
Hearing review petitions filed by PCO judges affected by the apex court’’s July 31 verdict, a 14-member larger bench headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry had served contempt of court notices upon those judges after observing that they had violated its earlier order and tried to violate the Constitution therefore, liable for contempt of court.
The contempt of court notices were served upon 60 judges of the Lahore, Peshawar and Sindh high courts. A number of them had rendered unconditional apology and resigned from their posts.
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Pakistan News