ISLAMABAD, Dec 6: Following an objection raised by the counsel representing a high court judge, Justice Mohammad Sair Ali recused himself on Monday form heading a larger bench of the Supreme Court hearing a contempt case against superior court judges who had taken oath under the Provisional Constitution Order (PCO) in defiance of a restraining order of Nov 3, 2007.

Justice Sair decided to refer the matter to the chief justice for the constitution of a new bench to hear the matter, but dismissed petitions filed by Advocate Dr Abdul Basit, on behalf of Justice Hasnat Ahmad Khan, raising objections to three members of the bench — himself, Justice Shahid Siddiqui and Justice Tariq Parvez.

The bench was hearing contempt of court cases against former chief justice of Supreme Court Abdul Hameed Dogar, former chief justice of Lahore High Court Iftikhar Hussain Chaudhry 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, Justice Syed Shabbar Raza Rizvi, Justice Yasmin Abbasey and Justice Jehan Zaib Rahim of different high courts.

They are facing the charge for taking oath under the PCO in defiance of the restraining order issued by a seven-judge bench moments after the proclamation of emergency by former president Pervez Musharraf as the army chief.

Dr Basit had said in the petition that Justice Sair was a member of the bench that had rendered the July 31, 2009, judgment holding the Nov 3 emergency unconstitutional. The order led to sending home almost 100 judges who had taken oath under the PCO.

The counsel said his client had reasons to allege that the presiding judge had acted in a manner to give an impression of being biased against him.

Without giving details, the counsel alleged that observations earlier made by the presiding judge and his behaviour revealed his attitude not only towards his client but also towards other judges facing the contempt charge.

He said an incident that had taken place some time back had given rise to a feeling in the mind of his client that he was not likely to get a fair trial from the bench.

He also accused Justice Shahid and Justice Tariq of having allegedly shown bias and malice towards the petitioner and the entire category of judges against whom the proceedings were being conducted.

While dismissing the petitions, the reasons to be recorded later, Justice Sair held that after the objections raised in the open court, it would be appropriate that he should not sit on the bench and a new bench be formed.

On July 8, the same counsel had raised similar objections to the presence of Justice Nasirul Mulk and Justice Raja Fayyaz Ahmed on the bench.