Nine judges of high courts seek early retirement
LAHORE / KARACHI, Oct 8 Eight judges of the Lahore High Court who had taken oath under the Provisional Constitution Order sought premature retirement on Thursday, apparently to avoid removal from service under Article 209 of the Constitution by the Supreme Judicial Council.
A PCO judge of the Sindh High Court also filed an application seeking premature retirement.
The Supreme Court issued on Wednesday contempt of court notices to 60 superior court judges in accordance with its earlier order holding them in contempt for having taken oath under the PCO defying a restraining order issued by a seven-judge bench on Nov 3, 2007 — the day former president Gen (retd) Pervez Musharraf imposed the state of emergency in the country.
The LHC judges sought premature retirement under Article 195 of the Constitution and submitted their applications to the LHC registrar.
Registrar Tahir Pervez said that the applications had been sent to the federal law ministry which would forward them to the president in accordance with the procedure.
The eight judges with actual date of their retirement are Justices Mian Najmuzzaman, March 9, 2015; Maulvi Anwarul Haq, Dec 27, 2010; Mohammad Khalid Alvi, Dec 12, 2012; Syed Sakhi Hussain Bokhari, Jan 1, 2010; M. Bilal Khan, Dec 4, 2011;Fazal-e-Miran Chauhan, Dec 24, 2010; Tariq Shamim, Sept 23, 2015; and Syed Asghar Haider, July 20, 2020.
Four PCO judges have been left in the LHC. They are Justices Syed Shabbar Raza Rizvi, Syed Hamid Ali Shah, Syed Sajjad Hussain Shah and Hasnat Ahmed Khan.
According to sources, these judges have decided to face contempt proceedings.
Another PCO judge, Justice Nadim Azhar Siddiqui of the Sindh High Court, relinquished his office on Thursday and sought premature retirement.
On Wednesday, Justice Muneeb Ahmed Khan and Justice Mrs Qaiser Iqbal had opted for early retirement and submitted their applications to the SHC registrar.
Advocate Mazhar Ali Chohan, counsel for the three judges, told Dawn that he had filed in the Supreme Court applications seeking withdrawal of his clients' review petitions of SC's July 31 judgment nullifying the Nov 3 actions of Gen Musharraf.
Mr Chohan said he had also submitted unconditional apology on behalf of his clients in respect of the contempt of court notices issued to them.