News
Saturday, August 06, 2011
SC gives govt 2 days to de-notify PCO judges* SC expresses displeasure in delay over issuance of required notification
* Counsel says notification will be issued by Monday
By Hasnaat Malik
ISLAMABAD: The Supreme Court on Friday granted two days to the federation to de-notify a number of former judges who took oath under annulled Provisional Constitution Order (PCO) of 2007 and consequently, had to cease their offices after July 31, 2009 decision of the apex Court.
A five-member bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, expressed its displeasure in delay over issuance of required notification in pursuance of its May 18 order.
At the very outset, the federation’s counsel, Babar Awan, informed the court that a summary had been sent to the prime minister regarding the removal of the serving PCO judges, but he could not approve it due to his busy schedule.
The court observed that there was no need for sending a summary to the prime minister regarding the removal of the serving PCO judges.
The chief justice, expressing concern over the non-implementation of the court’s order, observed that it was a constitutional requirement to obey the court’s decisions and these orders should not be ridiculed.
He further said that no one would be allowed to undermine the court’s authority and the government should implement the court’s judgements in letter and spirit.
The chief justice also observed that several media reports had pointed out that the court’s May 18 decision was criticised in the cabinet meeting last week. The counsel rejected the media reports as baseless.
The court also expressed its annoyance over the acting law secretary, Sultan Shah, who had sent the summary to the prime minister to remove the PCO judges under Article 209 of the constitution.
Babar assured the bench that the government would issue a notification regarding the removal of the serving PCO judges by Monday. He also pleaded the court to decide Zulfikar Ali Bhutto reference case.
On this, the chief justice remarked that the court would hear Bhutto reference case after availability of the bench and adjourned the hearing until Tuesday.
The court had also directed the federal law secretary to issue a notification regarding the removal of the judges because they ceased holding their offices from April 20, 2010.
Seven judges are facing contempt of court proceedings after refusing to tender unconditional apology before the court. They are Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza Rizvi, Justice Syed Hamid Ali Shah, Justice (r) Iftikhar Hussain Chaudhry, Justice Syed Sajjad Hussain Shah, Justice Yasmin Abbasey and Justice Jahanzaib Rahim.
Courtesy www.dailytimes.com.pk