ISLAMABAD: The Supreme Court on Wednesday in its verdict over a set of appeals filed by a number of dysfunctional and retired judges of superior judiciary said that the apex Court would proceed against them by framing contempt charges on February 21 as they had taken oaths under the annulled Provisional Constitutional Order of November 3, 2007 in defiance of a restraining order by a seven member bench.
The verdict was announced by Justice Mahmood Akhtar Shahid Siddiqui, heading the bench.
The order said that the case would be fixed for framing of charges against the respondent judges on February 21.
The respondents, if they so desire appear on that date to enter their pleas on the charges framed or if they choose, enter their pleas through counsel who are dualy instructed, it added.
The bench, however, dropped proceedings against justice Zafar Iqbal Chaudhry and justice Khurshid Anwar Bhinder.
While in criminal miscellanous plea of Justice Hasnat Ahmad Khan and Justice Syed Shabbar Raza Rizvi regarding issuance of contempt notices to former president Pervez Musharraf, former prime minister Shaukat Aziz and others who were instrumental in carrying out order of November 3, 2007, the bench noted that the case for contempt of court against these persons would have to answer was materially different from the charges to be faced by the respondents.
The bench holds that contempt alleged against these persons is primarily consequent to issuance of proclamation of emergency, PCO and oath of the office order 2007 and hereby launching an assault on the independence of the judiciary.
"It appears, prima facie, that these instruments were issued prior to the passing of the order dated 3.11.2007 and not in the disobedience of the same," it added.
The bench further said that proceedings against these persons might proceed independently and on their own facts, either before this bench or before some other bench as may be determined by the Chief Justice of Pakistan.
A four-Judge bench of Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S. Khawja, Justice Khilji Arif Hussain and Justice Tariq Parvez will announce the verdict over issue of contempt proceedings against these judges.
The bench had reserved its verdict after conducting proceedings over the issue for more than three-months.
The bench was seized with hearing of the matter of contempt of court (determination of legal question/proceedings) against Justice retired Iftikhar Hussain Chaudhry, Justice Khurshid Anwar Bhinder, Justice Hamid Ali Shah,Justice Zafar Iqbal Chaudhry, Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza, Justice Yasmin Abbasey ,Justice Jehan Zaib Rahim, Justice Sayed Zahid Hussain, Justice (R) Abdul Hameed Dogar, Justice Syed Sajjad Hussain Shah,Justice (R) Iftikhar Hussain Chaudhry and Justice Syed Hamid Ali Shah.
After the judgment of July 31, 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.
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