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SC rejects Dogar's objection plea
ISLAMABAD: The Supreme Court on Wednesday rejected a plea moved by former justice Abdul Hameed Dogar citing objection to current proceedings against a set of dysfunctional and retired judges of the superior judiciary who took oath under the annulled Provisional Constitutional Order of November 3, 2007 in defiance of a restraining order by a six member bench.Yesterday the court had reserved its judgement over the plea.
The civil miscellaneous application was moved by the Abdul Hameed Dogar who also served as chief justice of Pakistan through Raja Ibrahim Satti, his counsel, before a four-member bench headed by Justice Mahmood Akhtar Shahid Siddiqui.
The plea was moved under Article 10 (A) related to holding of fair trial read with Rules 6 of the Supreme Court Rules 1980.
The counsel contended that his client was caught by surprise last night when it came to his knowledge that on direction of this bench a criminal original no: 2 of 2011 was filed against him regarding contempt of court issue in which the bench become a complainant and interested party.
He said by doing so the bench members were legally disqualified to further proceed on the instant matter.
He said all members of the bench were also violators of the alleged order of November 3 and therefore, one set of violators could not hear the case against similar persons.
"The unholy haste and anxiety shown by this bench further disqualified the bench to proceed with the matter as done in the Chief Justice of Pakistan case," he added.
He said his client was of the opinion that under current circumstances, he would not get a fair trial as guaranteed under Article 10(A) of the Constitution.
He prayed to bench to recuse themselves from further proceedings in the larger interest of justice.
The bench is seized with hearing of the matter of contempt (determination of legal question/proceedings) against former judges including Justice Iftikhar Hussain Chaudhry, Justice Khurshid Anwar Bhinder, Justice Hamid Ali Shah, Justice Zafar Iqbal Chaudhry, Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza, Justice Yasmin Abbasey, Justice Jehan Zaib Rahim, Justice Sayed Zahid Hussain, Justice Abdul Hameed Dogar, Justice Syed Sajjad Hussain Shah, Justice Iftikhar Hussain Chaudhry, and Justice Syed Hamid Ali Shah.
After the judgment of July 31, the PCO judges were issued contempt of court notices for not obeying the Supreme Court's restraining orders, and taking oaths under the PCO. However, at least 45 judges tendered unconditional apologies for taking oaths, but the rest of them decided to contest the notices issued to them.
Courtesy www.geo.tv