ISLAMABAD -  The Supreme Court on Friday dismissed review petitions of PCO judges — who had assailed the judgment in the judges’ pension case — under Article 184(3) of the Constitution.

A seven-member special bench headed by Chief Justice Mian Saqib Nisar heard review petitions and constitutional petitions of judges who were not paid pension as they had taken oath under Pervez Musharraf’s Provisional Constitutional Order (PCO). In April 2013, the apex court had dismissed petitions of more than 50 judges and later on, many judges had filed reviews petitions against that judgment.

At Friday’s hearing, except for Shabbar Raza Rizvi, Hasnat Ahmed and Sajjad Hussain Shah, former judges of the Lahore High Court withdrew their petitions. Shabbar Rizvi, Hasnat Ahmed and Sajjad Hussain had filed the review petitions under Article 184(3) of the Constitution.

Sabtain Ali appearing on behalf of LHC ex-judges Shabbar Raza Rizvi and Hasnat Ahmed contended that in the Sindh High Court Bar Association (SHCBA) judgment, protection was given to the judges who had taken oath under Musharraf’s PCO, but the later judgment of four judges has stated that the PCO judges cannot continue their job and that they should be proceeded against under Article 209 of the Constitution.

The chief justice inquired from the counsel whether “your clients were getting pensions”, adding “they would not pass any unpleasant order”.

The chief justice also said that when the review petitions of your clients have been dismissed then how they could file a petition under Article 184(3). Justice Asif Saeed Khan Khosa said that those petitions were against the Supreme Court judgment. He questioned whether or not the apex court judgment could be assailed under Article 184(3)?

Sabtain said that in the SHCBA judgment they were condemned unheard as his clients were not made a party, while former army chief Gen (retd) Musharraf, who had promulgated emergency and the PCO on November 3, 2007, was issued anotice.

He asked whether his clients did a bigger crime than Musharraf, and if he was issued the notice, then whey not his clients.

On November 3, 2007, a seven-member bench had issued an order directing the judges of apex court and high courts not to take oath under the PCO. The said order also mentioned that the judges who would not follow their order would be proceeded against.

The special bench after hearing the arguments dismissed the petitions.