'SC can't initiate contempt proceedings against judges

ISLAMABAD - Justice (Retd) Abdul Hameed Dogar's counsel Friday told the court that contempt proceedings against his client would be discriminatory, as currently there was no contempt law, thus contempt proceedings could not be initiated against the superior courts' judges who had taken oath under the Provisional Constitutional Order (PCO) in violation of seven-member bench's restraining order of Nov 3, 2007. A four-member bench comprising Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja, Justice Tariq Parvez and Justice Khilji Arif Hussain was hearing contempt of court case involving PCO judges. During the course of hearing, Justice Doagr's counsel Ibrahim Satti argued that currently there are six sitting judges who also took oath under PCO and thus targeting Justice Dogar would be tantamount to discrimination. He further stated that November 3, 2007, Order was signed by six not seven judges, as Justice Rana Bhagwandas was not present in Islamabad at that time. Justice Khilji asked Satti whether or not he accepted Nov 3rd order. Satti told him that in the wake of the emergency, the judges, who took oath, did it after accepting the said orders. "No judge can accuse his fellow judge of contempt; otherwise same allegation would be levelled against you after retirement," Satti said. The learned counsel said those judges who took oath between November 3, 2007 and March 24, 2009, also violated the restraining order. He said there was no mention of contempt of court against any judge in 31st July, 2009 judgment, but in the review judgment of PCO judges case the word contempt of court was included. He said in the judgment it was mentioned that Justice (Retd) Dogar's integrity would not be affected by this verdict and removal was not a stigma.

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