Dogar's counsel's argument: oath was taken to save judicial system

The counsel for former chief justice Abdul Hameed Dogar Tuesday argued before the apex court that his client had taken oath under November 3, 2007 Provisional Constitutional Order (PCO) just to save the judicial system in the country.
A four-member larger bench comprising Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja, Justice Khilji Arif Hussain and Justice Tariq Parvez, was hearing contempt of court cases against the superior courts' judges who had violated the November 3, 2007 apex court's judgement and took oath under PCO.
Referring to a Supreme Court verdict of 2000 in Syed Zafar Ali Shah's case, Muhammad Ibrahim Satti contended that his client took oath to save the judicial system. He said his client and other judges had opted to take oath under PCO to save the judicial system. Quoting a paragraph from Zafar Ali Shah case verdict, Satti said: "En-bloc resignation means a complete chaos in society".
He said after lifting of emergency on December 15, 2007, the constitution was restored and then his client along with other judges took fresh oaths under the constitution. The sought time, when Justice Khawaja asked him to explain what was the need of issuing new notification for appointments of PCO-judges before fresh oaths.
He said the notification about appointments of Justice Nasirul Mulk and Justice Mian Shakirullah Jan was issued on the recommendations of former chief justice Abdul Hameed Dogar. "Both the judges accepted him as Chief Justice of Pakistan as they took oath from him but on the other hand, they were the judges who were signatory to a restraining order passed against proclamation of November 3, 2007 emergency," he submitted.
Justice Khawaja said in July 31, 2009 verdict, there was no mention of oath but violation of a restraining order issued by seven-judge bench of the apex court. Justice Khilji Arif Hussain said when he was himself pointing out that there was no recourse to remove a chief justice except what was given in Article 209...how the then chief justice (Iftikhar Muhammad Chaudhry) was removed from his office by the then army chief.
Satti said in Sindh High Court bar case, the Dogar led court had persuaded General Pervez Musharraf to shed his uniform and contest election as a civilian president. He said a number of judges rendered unconditional apologies after July 31, 2009 verdict, which was accepted by the court, but those who wanted to contest their cases were told that they had to face proceedings, which was not legitimate.
He said in one of the recent judgements authored by Chief Justice of Pakistan, it was held that a judge could not be stopped from performing his duties even if he was facing a reference n the Supreme Judicial Council. He said his client was victimised for defending his actions taken to safeguard the constitutional obligations. He said his client was under compulsion to defend his actions, thus he was trying to justify them. Justice Khawaja said it could be said of those judges who defied PCO steps but not of a person who was pleading his case after his retirement. The court adjourned the hearing till today (Wednesday).