News
Thursday, January 20, 2011
‘Musharraf, Aziz should also be issued contempt notices’
* Dogar’s counsel says court should not use ‘pick and choose’ system
* Says CJ has personal grudge against client
* Justice Jawwad says judges are not sacred cows
By Hasnaat Malik
ISLAMABAD: Counsel for Justice (r) Abdul Hameed Dogar on Wednesday demanded of the apex court that if contempt of court notices could be issued to judges for violating the court’s November 3, 2007 order, then the then president, prime minister, chief of army staff, Corp commanders and staff officers should also be issued contempt notices.
The bench comprising Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja, Justice Tariq Parvez and Justice Khilji Arif Hussain was hearing contempt of court case involving PCO judges.
During the hearing, counsel for Justice (r) Dogar, Ibrahim Satti, argued before the court that there should not be a “pick and choose” system. “Everyone should be equal before the law,” he said.
Justice Jawwad S Khawaja said in his remarks that material was available against the then president, PM and COAS Pervez Musharraf and there was even a judgement against the former president, but there was no evidence available against Corp commanders and staff officers. He asked the counsel to present proof against them, to which Satti replies that everyone knew of their involvement.
“The CJP has a personal grudge against my client,” he alleged, to which Justice Jawwad stated that it might be the other way around.
Justice Doger’s counsel also said that in light of Article 189 of the constitution, notices to PCO judges were in violation of the principle of the law that the Supreme Court order was not binding on fellow judges.
Satti said the notices were also in violation of Article 25. Quoting an Indian Supreme Court judgment, Satti said the issuance of contempt notices to superior court judges was tantamount to insulting the institution of the judiciary.
He said decisions of the apex court could be reviewed as these were not ultimate in nature. The counsel contended that an error had occurred as the July 31 judgement did not contemplate issuing of contempt proceedings. Justice Jawwad said that judges were not sacred cows, as they were not above the law and the constitution, adding that contempt of court notices issued to PCO judges were not without reasons.
The counsel said the CJ headed both benches of the July 31 2009 judgement and the October 13 2009 review order that passed verdicts against PCO judges, including his client.
The court adjourned the hearing as Satti will conclude his argument today (Thursday).
The bench is hearing a number of identical pleas of those dysfunctional judges who had taken oath under the Provisional Constitutional Order 2007 in defiance of a restraining order passed by a seven-member bench.
Courtesy www.dailytimes.com.pk