ISLAMABAD: Justice Jehanzaib Rahim, a dysfunctional judge of Peshawar High Court (PHC), on Thursday issued show cause notices to the four functional judges of the apex court for issuing Contempt of Court to him and other PCO judges.
A four-member larger bench, comprising Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja, Justice Tariq Parvez and Justice Khilji Arif Hussain on February 2 passed an order to proceed against the PCO judges by issuing contempt notices from February 21.
Justice Jehanzaib, in a written statement issued to the press on Thursday, said: The PHC, being the apex court of Khyber Pakhtunkhwa, and not a subordinate court of Supreme Court, has been noting with grave judicial concern consistent subversion of the constitution by a larger bench of the Supreme Court.
It has come to conclusion that in addition to other consequences these judges are liable to show cause to this court as to why they should not be formally charged for contempt of court.
They have already held themselves that judges of High Court and Supreme Court are not immune from contempt of court.
He also gave several reasons in his order for issuing contempt notices to the four member of the larger bench.
He said the larger bench had not noted that November 3, 2007judgment was not served upon him.
My appointment and removing authority as judge of the High Court is the president and I was bound to honour his order and not the order passed by persons purportedly acting as judges of the Supreme Court in the evening on 3rd November 2007, he further stated.
He also raised various objections against credibility of the November 3, 2007 judgment and observed that that order did not qualify as a judicial order.
Larger bench also violated the courts July 31, 2009 judgment, which referred the cases of PCO judges to the Supreme Judicial Council.
Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja, Justice Tariq Parvez and Justice Khilji Arif Hussain are required to appear in the preliminary hearing before me on February 21, 2011 to explain and justify why a date should not be fixed for framing charges against them, Justice Jehanzaib said.
He said that president should hold an inquiry as to which of the seven member judges, who have signed the Nov3, 2007 order, were actually in Karachi and who were in Islamabad.

This news was published in The Nation newspaper. Read complete newspaper of 18-Feb-2011 here.