Contempt proceedings: Justice Shabbar files intra-court appeal

Justice Shabbar Raza Rizvi, a dysfunctional Judge of Lahore High Court (LHC), on Monday filed an intra-court appeal in the Supreme Court to set aside its earlier short order of initiating contempt proceedings against him from February 21.
A four-member of Supreme Court, headed by Justice Mahmood Akhtar Shahid Siddiqui on February 2, 2011 had announced its verdict on legal point as to whether it could initiate contempt proceedings against Judges, who had taken oath under the Provisional Constitution Order (PCO) in defiance of seven-member bench restraining orders of November 3, 2007, and whether it could issue contempt notices to generals involved in promulgation of November 3, 2007 emergency in the country in defiance of restraint order.
The court had ruled to frame charges on February 21, 2011 against nine Judges of the superior courts who had taken oath under the PCO by violating the restraining order. The bench had also ruled that these 9 Judges could appear on that date either in person or through their counsel to enter their pleas on the charges framed against them.
Those 9 Judges against whom the court would frame contempt charge include Justice Iftikhar Hussain Chaudhry and Justice Abdul Hameed Dogar and dysfunctional Judges Justice Hamid Ali Shah, Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza Rizvi, Justice Yasmin Abbasey, Justice Jehan Zaib Rahim, Justice Sayed Zahid Hussain and Justice Syed Sajjad Hussain Shah.
Dr Abdul Basit, counsel for Justice Shabbar Raza Rizvi on Monday filed intra-court appeal in apex court under Section 19 of the Contempt of Court Ordinance, 2003 against the court's short order of February 2. The appeal said that the notice issued to the appellant on October 5, 2009 be withdrawn forthwith. The counsel contended that no contempt proceedings could be initiated against his client unless there is sufficient material on record to establish that the restraint order had actually been served on him.
"Quite to the contrary, there was sufficient material on the record by way of an Affidavit of the appellant that the contents of restraint order were never communicated to him through legal and authorised means prior to the time he took oath", he argued.
In its short order on February 2, 2011, the court had ruled that the proceeding against the judges who took oath under the PCO could go ahead on January 21.
"In the facts and circumstances of these matters, the constitution and law does not prohibit proceedings under Article 204 of the Constitution against the respondents even though they may be Judges of the Supreme Court and the High Courts", the court had ruled.