'Generals can be served notices'

ISLAMABAD A four-member bench of the Supreme Court on Monday dismissed the objection raised by the PCO judges in a contempt of court case and rejected their plea for reconstitution of new bench. Head of the bench Justice Mahmood Akhtar Shahid Siddiqui while announcing the verdict, remarked that the objection raised by PCO judges counsel are not valid. Therefore, the request is dismissed, the objections are not enough for the recusal of the judges from the bench and to reconstitute the bench, he added. Dr Abdul Basit, counsel for Justice Hasnat Ahmed Khan and Justice Shahbar Raza Rizvi, asked, Why only the judges, who had taken oath under PCO, and not the Army Generals were actually involved in the November 3, 2007 unconstitutional step, were not served contempt of court notices. Justice Jawwad S Khawaja said, They would also be called if need arises. Basit argued that people would that the decision by this bench would reflect bias against the PCO judges. But Justice Shahid stated, Not people but you are saying it. Justice Jawwad asked the counsel to tell out of 17 members of the Supreme Court, whom you trust and was not part of the movement for the restoration of judges. Justice Shahid said that usurper and those who had violated the Constitution were right but those who had followed the Constitution and refused to take oath under PCO are wrong. He said on July 31 the issue of PCO judges was decided. Justice (Retd) Abdul Hameed Dogar voiced concern over Justice Tariq Pervaiz and Justice Khilji Arif Hussain, saying that they have taken oath from him, while Justice Rahim has sought the recusal of Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja and Justice Tariq Parvez. Justice (retd) Iftikhar Hussain Chaudhry and Justice Hamid Ali Shah have also objected to judges of four-member bench. Justice Jawwad said that both the bench and bar not only have to save the dignity and honour of this court, but also have to enhance it. He asked Nadeem Ahmed Sheikh, counsel for Justice Hamid Ali Shah, to provide all the documents that you have mentioned in the application. Khalid Ranjha, counsel for Justice (Retd) Iftikhar Hussain Chaudhry, said that its not enough that justice is done, but it should be seen as well. He said in the interest of the justice and fair play, the judges against whom objections have been raised should recuse themselves, so that requirements of Article 10A of Constitution are fully met, which is now a fundamental rights guaranteed to a citizen. The proceedings for contempt of court notice against the PCO judges initially started on May 10, 2010 and since then three judges - Justice Nasir-ul-Mulk, Justice Raja Fayyaz and Justice Said Mohammad Ali have recused themselves from hearing the PCO judges case. The court is hearing the cases of Justice (Retd) Abdul Hameed Dogar, former Chief Justice of Supreme Court, Justice (Retd) Iftikhar Hussain Chaudhry, former Chief Justice of Lahore High Court; and eight sitting judges - Justice Sayed Zahid Hussain of the Supreme Court and Justice Khurshid Anwar Bhinder, Justice Hamid Ali Shah, Justice Zafar Iqbal Chaudhry, Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza Rizvi, Justice Yasmin Abbasey and Justice Jehan Zaib Rahim of different high courts. The PCO judges were 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.

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