Two PCO judges of SC resign

Published August 6, 2009

ISLAMABAD, Aug 5 Two judges of the Supreme Court who had taken oath under the Provisional Constitution Order resigned on Wednesday.

Justice Faqir Mohammad Khokhar and Justice M. Javed Buttar decided to resign apparently to avoid facing references in the Supreme Judicial Council for having taken oath under the PCO.

A 14-judge bench of the Supreme Court had on July 31 declared the appointment of Justice Abdul Hameed Dogar as chief justice and other judges under the PCO as unconstitutional and decided to refer their cases to the SJC.

Chief Justice Iftikhar Mohammad Chaudhry has called a meeting of the SJC on Saturday.

“I have resigned in the interest of the institution,” a senior advocate who had talked to Justice Khokhar quoted him as saying.

Justice Mohammad Akhtar Shabbir, who also had taken oath as judge of the Supreme Court under the PCO, had resigned on June 8, citing health reasons, soon after reinstatement of Chief Justice Iftikhar Chaudhry.

Legal analysts believe that the resignation of five judges of the Balochistan High Court and appointment of a widely-respected figure as its chief justice mounted pressure on Justice Khokhar and Justice Buttar to call it a day and make a “safe exit”.

With the resignation of the two judges and unseating of 14 judges as a result of the Supreme Court judgment, the strength of the apex court has come down to 15, including the chief justice. The total strength was 29 before the judgment.

Both Justice Khokhar and Justice Buttar were members of the 13-judge bench which had restored Chief Justice Iftikhar Chaudhry on July 20, 2007, while deciding the CJ's challenge to a reference sent to the SJC by former president Pervez Musharraf. However, they had dissented on the annulment of the presidential reference against the chief justice.Justice Khokhar, Justice Buttar and Justice Shabbir were also part of the bench that had validated the Nov 3, 2007, proclamation of emergency by Gen Musharraf.

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