ISLAMABAD A 14-member larger bench of the Supreme Court has issued contempt of court notices to judges, including former chief justice of Pakistan Abdul Hamid Dogar for taking oath under the Provisional Constitution Order (PCO) in violation of the verdict rendered by a seven-member bench of the apex court on November, 3, 2007.
The court has also issued contempt of court notice to Justice (Retd) Zulfiqar Ali Bokhari, spokesman of the sacked judges and sought his reply for giving insulting remarks against the judges of the superior judiciary.
The notices were issued by the Supreme Court while hearing review pleas against its July, 31 verdict.
A 14-member larger bench headed by Chief Justice of Pakistan (CJP) Iftikhar Mohammad Chaudhry took up the pleas for hearing.
Akram Sheikh, advocate counsel for petitioner Muhammad Nadeem, took the plea that he was withdrawing his petition as the corrections he had requested to be made in the short order delivered by the apex court on July, 31 had been made in the detailed judgment.
Counsel for Justice (retd) Naseem Sikandar submitted that he also was withdrawing his petition as the application moved by his client to the federal government to seek pre mature retirement had been accepted.
The SC divided the judges who were sacked in the light of July, 31, 2009 verdict and those who had filed review petitions into four categories.
The first category included those judges who were holding the office of judges on November 3, 2007 and they took oath under the PCO.
The second category included the judges who were inducted by the former president Pervez Musharraf direct in the judiciary.
The judges who were appointed in consultation with the Justice (Retd) Abdul Hameed Dogar come under third category and fourth category included the judges who had applied for their resignation following the July, 31, decision.
Waseem Sajjad advocate took the plea he wanted to contest this case. The supreme court remarked how could a person who was not affected in the decision be allowed to become a party.
Chief justice of Pakistan while expressing displeasure over the remarks of Justice (Retd) Zulfiqar Bokhari who was present in the court remarked that he described July, 31 verdict a black spot.
This is not November, 3 judiciary. No abusive language will be tolerated against the judges who have pronounced July, 31, decision, he said.
Justice (Retd) Zulfiqar Bokhari took the plea he had not given such a statement and his statement had been misquoted in the media.
Justice Khalilur Rehman observed if you wanted to launch any movement along with the lawyers, you should go to do so. Why then you have come to the court.
The apex court gave two copies of the statement to Justice (Retd) Zulfiqar Ali Bokhari which were given by him and issued contempt of court notice to him. Such notices were also issued to two private newspapers who had published the statements of Bokhari. The papers were also directed to explain their position during the next hearing in this matter.
Justice Iftikhar remarked we would give such a verdict which would be exemplary.
Justice Khalilur Rehman Ramday observed contempt of court notice would be given to every one at every cost whosoever had breached November, 3, 2007 decision. The whole nation gave its unanimous decision whosoever would come on the way of independent judiciary would not be tolerated, he further observed.
The courts have not restored us. We have been restored with popular support and by the grace of God, he said. If we dont issue contempt of court notice to the judges who have violated November, 3 decision then no one will accept such notice in future, he added.
Sheikh Zamir advocate contended it would be not correct to issue contempt of court notices to the judges who were currently performing their duties.
Justice Khalil ur Rehman Ramday observed as to why no action should be taken against a judge who murders any one. Has it been ever witnessed any where that the judges of superior judiciary were detained along with their family members without assigning any reason, he questioned.
Sheikh Zamir advocate submitted martial law were imposed in 1958, 1968 and 1977 but the people did not react to them this way. Steps were taken against the judges of supreme judiciary in 1977 then the people went on roads as they understand well all the matters.
Justice Khalil ur Rehman Ramday remarked if a farmer who ploughs the field has such a brain that he understands all these matters then if a judge has not such an amount of brain to make distinction between constitutional and unconstitutional steps. No one, including the CJP is above the law, he observed.
The hearing was adjourned till October, 12.-Online
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