Status of PCO judges: Supreme Court tells government to submit written statement

The Supreme Court on Monday directed the government to submit a written statement on the constitutional status of judges facing contempt charges for taking oath under PCO in defiance of a restraining order of the apex court on November 3, 2007.
A seven-member special bench headed by Chief Justice Iftikhar Muhammad Chaudhry comprising Justice Javed Iqbal, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jilani, Justice Mian Saqib Nisar, Justice Sarmad Jalal Osmani and Justice Amir Hani Muslim, was hearing contempt of court cases against PCO judges.
The Chief Justice, to a stand taken by Kazim Raza, counsel for Justice Hamid Ali Shah, a PCO judge, regarding submission of apology, remarked that they had already declared the steps of November 3, 2007 including PCO as unconstitutional and illegal. "There is no more room for adventurism or ultra constitutional steps. It was the only case in the history of Pakistan where superior judiciary stood against ultra constitutional steps and did not validate them," he observed.
Justice Chaudhry said these ultra constitutional measures paved way for martial laws in the past...this trend must end now to put the record straight and block way for any undemocratic move. He maintained that the rule of law and supremacy of constitution will prevail and legal recourse for those who breached the constitution was provided in Article 6 of the constitution.
Raza Kazim pleaded that he wanted to present his contentions before the apex court and once he is convinced that his actions are against the law, he would not hesitate in submitting apology to the court. The bench is seized with a set of appeals of dysfunctional and retired judges of superior judiciary who are facing contempt charges. On last date of hearing, Abdul Hameed Dogar, former chief justice of Pakistan after taking oath under the annulled PCO and former justice Sayed Zahid Hussain, a PCO judge of the apex court, rendered their apologies which were accepted.
While on the request of lawyers for Justice Hamid Ali Shah, Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza, Justice retired Iftikhar Hussain Chaudhry, Justice Syed Sajjad Hussain Shah, Justice Yasmin Abbasey and Justice Jehan Zaib Rahim (PCO judges) time was granted for consideration of the issue.
A four-judge bench of Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja, Justice Khilji Arif Hussain and Justice Tariq Parvez, who had earlier decided to proceed against them under contempt of court act by framing charges, had also been requested through Registrar Office to halt the process till final decision by the special bench.
After the judgement of July 31, 2009, 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. The hearing was adjourned till April 4 on the request of Attorney General Molvi Anwarul Haq.