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Former chief justice Abdul Hameed Dogar on Thursday tendered an unconditional apology in response to contempt of court proceedings against him and show cause notices issued to him in violation of Nov 3, 2007, Supreme Court restraining orders.
Justice Dogar and several other judges had been facing contempt charges for taking oath under the Provisional Constitution Order (PCO) in defiance of a restraining order issued by a seven-member bench on November 3, 2007, moments after the proclamation of emergency by the then military ruler, Pervez Musharraf.
Raja Ibrahim Satti, counsel for Abdul Hameed Dogar, apprised the court that his client had tendered an unconditional apology and placed himself on the mercy of apex court, highly regretting defiance of court orders of Nov 03, 2007. A special bench headed by Chief Justice Iftikhar Muhammad Chaudhry and also comprising Justice Javed Iqbal, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Mian Saqib Nisar, Justice Sarmad Jalal Osmani and Justice Amir Hani Muslim was hearing the contempt of court proceedings against PCO judges.
The bench accepted his (Dogar's) apology along with that of Justice Zahid Hussain's, another PCO judge, when his counsel informed the bench that his client had opted for resignation, hence proceedings against him can be dropped. "With all humility and humbleness at my command, it is submitted that under abrupt, unexpected changes, confusion, misconception and misunderstanding, the apex court order of Nov 3, 2007 could not be complied with, which is highly regretted with repentance and sorrow," Dogar submitted in his application.
"It is humbly requested, in view of my ailment, the explained scenario, for which I am really sorry, my regrets may very kindly be accepted and notice of contempt may please be withdrawn for which I shall feel highly obliged," he pleaded. The bench in its order noted that it had already been declared by the apex court that Dogar had never been chief justice of Pakistan and all his actions, appointment of judges, etc, were declared unconstitutional in July 31, 2009, SC verdict.
The bench held that they had passed the November 3, 2007, order to maintain the dignity of the superior judiciary as it was foremost duty of all the judges to honour the decisions of the apex court. The bench said that it was for the first time in the history of Pakistan that such a judicial order was passed, blocking all the channels of imposing martial law and other unconstitutional measures, taken to usurp the rights of any institution and negate democratic norms.
The person (Dogar) has realised the importance of the issue after much of the water has flown under the bridge, the bench noted and accepted his plea, giving the ruling that he would not object to the observations made in July 31, 2009 verdict.. The bench adjourned the hearing on the request of counsel for former Justice Iftikhar Hussain Chaudhry, Justice Hamid Ali Shah, Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza, Justice Yasmin Abbasey and Justice Jehanzeb Rahim till March 21.

Copyright Business Recorder, 2011

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