6 LHC PCO judges go on leave

LAHORE - Six PCO judges of Lahore High Court went on leave Monday after the Supreme Courts 14-member bench issued contempt of court notices to them along with all other judges, expect two, who had taken oath under Nov 3 Provisional Constitutional Order (PCO) in violation of a seven-member benchs judgment that had restrained judges from taking such oath. The bench headed by Chief Justice Iftikhar Muhammad Chaudhry on Monday issued notices while hearing a set of review petitions filed by the PCO and removed judges of the superior courts against July 31 verdict which showed exit door to nearly 100 judges. These six judges include Justice Mian Najam-uz-Zaman, Justice M Bilal Khan, Justice Syed Shabbar Raza Rizvi, Justice Tariq Shamim, Justice Syed Asghar Haider and Justice Hasnat Ahmad Khan. Five of these judges, except Najam-uz-Zaman, have already challenged the July 31 verdict. Registrar LHC Tahir Pervez while talking to the Nation confirmed that his office had received leave applications from the judges. Two of the judges were already on one-day leave, however, they had sought extension, the Registrar said. He was unable to confirm exact period of leave, however, sources said almost all the six judges had gone on a week-long holiday. They were confirmed judges of the LHC on November 3, 2007, the very day Gen (r) Pervez Musharraf issued PCO after imposing emergency in country. They along with four others opted to take oath under the PCO in violation of a restraining verdict on same day asking the superior courts judges not to take oath under the illegal order. Currently, 12 PCO judges are working in the LHC and all of them are facing references in Supreme Judicial Council (SJC). In the light of July 31 judgment, these judges were allowed to continue their functioning, however, it was announced that a proceeding under article 209 would be initiated against them before SJC. It is worth recalling that the apex court cannot remove them because it had held in the July 20, 2007 judgment, under which suspension of Chief Justice Iftikhar Muhammad Chaudhry was annulled, that a confirmed judge of superior courts could only be sacked or removed through the council. Interestingly, one PCO judge of LHC Justice Syed Zahid Hussain, now elevated to the Supreme Court, would not face reference in SJC on the plea that he had been given fresh appointment by Justice Chaudhry while his misconduct as LHC judge was eclipsed as soon as he ceased to hold his office. Chief Justice of Federal Shariat Court (FSC) Justice Agha Rafiq was also given relaxation on same principle. He had taken PCO on November 3 as a Sindh High Court judge but was appointed as the FSC head on the recommendation of Justice Iftikhar.

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