News
Friday, March 04, 2011
Justice (r) Dogar seeks pardon for taking oath under PCO* SC accepts apology of former defacto CJP, Justice Zahid Hussain, terminates contempt of court notices
* CJP says it is better that these judges have realised their mistakes
By Hasnaat Malik
ISLAMABAD: The Supreme Court on Thursday accepted an unconditional apology of former defacto chief justice of Pakistan, Justice (r) Abdul Hameed Dogar, for taking oath under the annulled Provisional Constitutional Order (PCO) of November 3, 2007, in defiance of a restraining order by a seven-member apex court bench, and vacated the contempt of court notice served on him.
The court also dropped contempt proceedings against a PCO judge of the apex court, Zahid Hussain, after his counsel, SM Zafar, said that his client had tendered an unconditional apology and opted for a pre-mature retirement, therefore, instant proceedings initiated against him should be dropped.
A seven-member SC bench, comprising Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry, Justice Javed Iqbal, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Mian Saqib Nisar, Justice Sarmad Jalal Osmany and Justice Amir Hani Muslim, accepted the pleas after due consideration.
The bench was hearing intra-court appeals of retired and unseated PCO judges of superior courts against its order of February 2, in which it ruled that contempt of court proceedings would be initiated against retired and unseated PCO judges of superior courts.
In his remarks, the CJP said, “It is better that these judges have realised their mistakes.” He observed that it was for the first time when the judiciary rejected the November 3, 2007, unconstitutional steps, and said that there was rule of law in the country now.
At the outset of the proceedings, Attorney General of Pakistan (AGP), Maulvi Anwarul Haq, presented before the court a written apology of Justice (r) Dogar. Placing himself at the mercy of the court, he requested the court to accept his regrets and withdraw the contempt notice issued to him.
“With all humility and humbleness at my command, it is submitted that under abrupt, unexpected changes, confusions, misconception and misunderstanding, the restraining order of November 3, 2007, could not be complied which is highly regretted with repentance and sorrow,” Dogar said in his one-page apology.
“We accept the appeal, and contempt of court proceedings against Dogar are terminated,” the court said in its order.
Courtesy www.dailytimes.com.pk