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The counsel for former chief justice Abdul Hameed Dogar Wednesday demanded the apex court if contempt of court notices could be issued to judges for violating November 3, 2007 restraining orders, then former president, prime minister, Chief of Army Staff, Corps Commanders and Staff Officers should also be issued contempt notices.
The bench comprising Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja, Justice Tariq Parvez and Justice Khilji Arif Hussain was hearing contempt of court case involving PCO judges. During the hearing, the counsel for former chief justice Abdul Hameed Dogar, Ibrahim Satti argued before the court that there should not be pick and chose system. Everyone should be equal before the law.
Justice Jawwad S Khawaja said in his remarks that material is available against the then president, PM and the COAS and even there was judgement against the former president, but there is no evidence available against Corps Commanders and Staff Officer. He asked him to prove it. Satti answered everyone is aware of it. The counsel for the former chief justice said that Chief Justice Iftikhar Muhammad Chaudhry has personal grudges against his client but Justice Jawwad S Khwaja stated: "This may be other way round." Justice Doger's counsel also said in light of Article 189 of 1973 constitution notices to the PCO judges are in violation of the principle of the law that Supreme Court order is not binding on the fellow judges.
Satti said the notices are also violation of Article 25. Quoting an Indian Supreme Court judgement Satti said issuance of contempt notices to superior courts judges tantamount to insulting the institution of judiciary. Justice Jawwad said that judges were not sacred cows, as they were also not above the law and constitution, adding contempt of court notices issued to PCO judges were not without reasons.
The learned counsel said Chief Justice Iftikhar Mohammad Chaudhary headed both the benches of 31st July 2009 judgement and October 13, 2009 review order that passed verdicts against the PCO judges, including his client. Satti said there were so many reasons to punish any persons and the court's judgements are not verses of Holy Quran. The court adjourned the hearing till Thursday and Satti will conclude his argument today.

Copyright Business Recorder, 2011

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