Government given four days to de-notify six PCO judges

The Supreme Court (SC) Friday sought the implementation of its verdict relating to six Provisional Constitutional Order (PCO) judges in letter and spirit within four days and issued directives to the federal government to de-notify six judges who had taken oath under PCO.
A five-member special bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Sarmad Jalal Osmany and Justice Amir Hani Muslim delivered the orders while hearing non-implementation of SC judgement on PCO judges case.
Counsel for the federal government Dr Babar Awan, Attorney General for Pakistan Maulvi Anwarul Haq and Secretary Federal Law Ministry Masood Chishti appeared before the bench. During the course of hearing, Babar Awan, representing the law secretary, contended that Prime Minister Yousuf Raza Gilani was engaged in overseeing some national issues, including Karachi violence. Dr Awan prayed for some time as the summary of PCO judges related to the court order had been sent to the competent authority.
The CJP observed that a court order required no summary, adding that the government should not delay the implementation of court orders. Addressing Law Secretary Masood Chishti the CJP inquired why the Court orders had not been complied with so far. The CJP told Chishti that he should issue the PCO judges' removal notification.
The bench observed that the government should have respect for the judgement of the special bench. The CJP revealed that acting Secretary Law Sultan Ahmed Shah had misguided the competent authority in the absence of present Federal Law Secretary Masood Chishti. The bench observed that the government was trying to undermine the authority of the court.
On this occasion, Dr Awan contended that the Acting Secretary had sent the summary to the competent authority in accordance with the Rules of Business. In his remarks the CJP said that Rules are framed under the Constitution, adding that even a decree passed by a civil court was required to be implemented. "After the 18th and 19th Amendments the dysfunctional judges are no more judges of the superior courts," the CJP insisted.
Dr Awan prayed for two days time for de-notification of PCO judges because the PM was out of station and added, on behalf of the Law Secretary, that the government would issue the requisite notification in pursuance of the court judgement. The CJP noted that the Court decisions were being criticised in the Cabinet meeting, adding that nobody would be allowed to undermine the authority of the Court. The Chief Justice asserted that judicial decisions' observance is the Constitutional responsibility.
Addressing Babar Awan the CJP said that since he had resigned from the Law Ministry portfolio to plead ZAB reference there were difficulties to understand Constitutional matters because some other people in the government were not able to interpret the Constitution properly.
Dr Awan replied that he was considered as an opposition leader in the Cabinet because he had always tried to uphold the Rules of Business, which sometime annoyed his own colleagues. It is worth mentioning that the apex court had ruled on May 18 that the dysfunctional judges had ceased to hold their offices after the passage of 18th and 19th Amendments. The PCO 2007 read with Oath of (Judges) Order 2007 had already been declared unconstitutional by the Supreme Court through a July 31, 2009, Order on a Sindh High Court Bar Association's petition. "Thus no immunity is available to them." The Court adjourned the hearing till September 2.