News
Wednesday, January 05, 2011
‘Institutions should have talked against Nov 3 actions’
* SM Zafar says in UK, contempt of court notice can be issued to subordinate judges and not of superior courts
By Hasnaat Malik
ISLAMABAD: Justice Jawwad S Khawaja of the Supreme Court on Tuesday remarked that it was the collective responsibility of all the institutions to talk about high treason that was committed on November 3, 2007, as the courts task is to deliver justice and not the prosecution.
He made these observations in response to the statement of Aftab Bajwa, who has filed a petition before the Supreme Court against the military and civilian authorities.
The petitioner submitted that as the parliamentarians were not in a position to talk about ‘high treason’ therefore his petition should be fixed along with PCO judges’ case for starting proceedings against them.
The petitioner prayed that the court should summon 21 top functionaries of the Musharraf-led government, prosecute and punish them for not implementing the court’s November 3, 2007 order.
A four-member bench, headed by Justice Mahmood Akhtar Shahid Siddiqui, and comprising Justice Jawwad S Khawaja, Justice Arif Khilji and Justice Tariq Pervaiz, is hearing contempt of court cases against PCO judges, who had violated the seven-member bench decision on November 3, 20007, and took oath under PCO.
During the hearing, counsel for Justice Zahid Hussain, SM Zafar, said all the objectives could be achieved through Article 209, therefore, the court should not have issued contempt of court to PCO judges, adding the constitutional system should be respected.
He said in the UK, contempt of court notice could be issued to the subordinate judges and not of the superior courts.
Justice Siddiqui said the PCO judges had not maintained the dignity as they have shown loyalty to a person (ex-president Pervez Musharraf).
SM Zafar said five judges of the Lahore High Court had taken oath under Naik formula as many lawyers’ movement leaders expressing great regret at that time had termed the reappointment of the deposed judges illegal and unconstitutional.
The court adjourned the hearing of the case for today (Wednesday) after SM Zafar ended his arguments.
Courtesy www.dailytimes.com.pk