PCO judges case Violation of courts judgement crime: SC

ISLAMABAD The Supreme Court observed on Wednesday that violation of courts judgement was not a mere act of omission but a crime. A four-member bench headed by Justice Mahmood Akhtar Shahid Siddiqui, and comprising Justice Jawwad S Khawaja, Justice Arif Khilji and Justice Tariq Pervaiz, was hearing contempt of court cases against the PCO judges who had violated the seven-member bench decision on November 3, 20007 and had taken oath under PCO. S.M. Zafar, the counsel for Justice Zahid Hussain, contended that it was stated in July 31, 2009 judgement that no action would be taken against any judge who had been appointed SC judge on the recommendations of Chief Justice Iftikhar Muhammad Chaudhry. He further said that judges who had taken oath from November 3, 2007 to March 22, 2009 were equal and there is no escape from this position. The Article 204 of the Constitution, which relates to the issuance of contempt, excludes Justice Shabbar Raza, Justice Hamid Ali Shah, Justice Hasnat Ahmed Khan and Justice Sajjad Hussain Shah of LHC, Justice Jahanzeb Raheem of PHC, Justice Yasmeen Abbasi of SHC and Justice Zahid Hussain, as the word person used in the said Article did not refer to sitting judges of the superior courts, Zafar argued. S.M. Zafar argued that contempt of court notices could not be issued to the sitting judges. He pointed out that those judges were placed in a similar position to two other sitting judges of the apex court and therefore even on the principle of equality and fairness, the notice was not justly motivated.

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