ISLAMABAD, April 14 Four new judges took office in the Supreme Court on Tuesday, raising the number of judges who refused to take oath under the Provisional Constitution Order of Nov 3, 2007, to 18 in the 29-judge apex court.
Chief Justice Iftikhar Mohammad Chaudhry administered the oath to Justice Syed Zahid Hussain, Justice (retd) Ghulam Rabbani, Justice (retd) Mohammad Sair Ali and Justice (retd) Mahmood Akhtar Shahid Siddiqui.
Through a finance bill on June 23 last year, the government had raised the strength of judges in the Supreme Court to 29 from 17.
Two of the 18 judges, Justice Sheikh Hakim Ali and Justice Mohammad Farrukh Mahmud, were inducted as judges of the apex court after revocation of the state of emergency on Dec 15, 2007. They took oath under the Constitution, but their appointments were made on the recommendations of former chief justice Abdul Hameed Dogar.
“With the appointment of four more judges, the position of the chief justice has strengthened,” said a senior lawyer of the apex court.
He said a number of petitions seeking contempt of court proceedings against the judges who took oath under the PCO were awaiting consideration by the court. The petitions also sought a court declaration against the judges appointed without the consent of Chief Justice Iftikhar Mohammad Chaudhry.
They were accused of committing “wilful and intentional disobedience” in defiance of the order of a seven-judge bench which overruled the emergency moments after its was proclaimed by former president Pervez Musharraf on Nov 3, 2007.
Soon after the proclamation of emergency, Justice Abdul Hameed Dogar, who was fourth among judges in the seniority list, was appointed as the new Chief Justice of Pakistan. He was followed by Justice Mohammad Nawaz Abbasi, Justice Faqir Mohammad Khokhar, Justice M. Javed Buttar, Justice Saiyed Saeed Ashhad, Justice Ijaz-ul-Hassan, Justice Mohammad Qaim Jan Khan, Justice Moosa K. Leghari, Justice Chaudhry Ejaz Yousaf, Justice Mohammad Akhtar Shabbir, Justice Zia Perwez, Justice Mian Hamid Farooq, Justice Syed Sakhi Hussain Bokhari and Justice Syed Zawwar Hussain Jaffery.
Justice Abbasi and Justice Ashhad later retired.
On Sept 5 last year, three more judges joined the Supreme Court. They were Justice Mian Shakirullah Jan, Justice Tassadduq Hussain Jillani and Justice Syed Jamshed Ali. Justice Jamshed Ali later retired.
On Sept 20 last year, Justice Sardar Mohammad Raza Khan, Justice Nasirul Mulk, Justice Sabihuddin Ahmed and Justice Sarmad Jalal Osmany became judges of the Supreme Court.
Chief Justice Iftikhar Mohammad Chaudhry was restored along with Justice Khalil-ur-Rehman Ramday, Justice Raja Fayyaz Ahmed and Justice Chaudhry Ijaz Ahmed on March 16 after a break of 16 months.
The latest appointments have been made by President Asif Ali Zardari on the recommendations of the chief justice.
Former chief justice of the Lahore High Court Justice Syed Zahid Hussain has been elevated to the apex court. Justice Ghulam Rabbani, Justice Mohammad Sair Ali and Justice Mahmood Akhtar Shahid Siddiqui, who retired during the intervening period after refusing to take oath under the PCO, have also been appointed judges of the apex court.
The existing strength of the Supreme Court is Chief Justice Iftikhar Mohammad Chaudhry, Justice Javed Iqbal, Justice Sardar Mohammad Raza Khan, Justice Khalil-ur-Rehman Ramday, Justice Faqir Mohammad Khokhar, Justice Mian Shakirullah Jan, Justice M. Javed Buttar, Justice Tassaduq Hussain Jillani, Justice Nasir-ul-Malik, Justice Raja Fayyaz Ahmed, Justice Chaudhry Ijaz Ahmed, Justice Ijaz-ul-Hassan, Justice Mohammad Qaim Jan Khan, Justice Moosa K. Leghari, Justice Chaudhry Ejaz Yousaf, Justice Mohammad Akhtar Shabbir, Justice Zia Perwez, Justice Mian Hamid Farooq, Justice Syed Sakhi Hussain Bokhari, Justice Syed Zawwar Hussain Jaffery, Justice Sheikh Hakim Ali, Justice Mohammad Farrukh Mahmud, Justice Sabihuddin Ahmed, Justice Sarmad Jalal Osmany, Justice Sardar Mohammad Aslam, Justice Syed Zahid Hussain, Justice Ghulam Rabbani, Justice Mohammad Sair Ali and Justice Mahmood Akhtar Shahid Siddiqui.