PCO case: 'judges not only accept November 3 order, also respect it'

Dr Abdul Basit, a counsel for two Lahore High Court PCO judges - Justice Hasnat Malik Ahmed and Justice Shabbar Raza Rizvi - on Friday argued before the apex court that his clients not only accepted November 3, 2007 interim order but also respect it.
A four-member bench, Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja, Justice Tariq Parvez and Justice Khilji Arif Hussain was hearing contempt of court cases against PCO judges. Justice Shahid Siddiqui in his remarks said that it is great that petitioners like you have not challenged the validity and existence of interim order. He appreciated the role of Chief Justice Iftikhar Mohammad Chaudhry against corruption, saying 'after Allah the government officials fear only chief justice'.
He said on November 3, 2007, the army had taken over Supreme Court building and sent the judges home but the judges not only opposed the dictator's step but also passed a restraining orders. "My clients also salute to the court for showing defiance and passing order," Dr Basit said.
Justice Shahid said they have no objection that why the judges had taken oath under PCO, but have reservations that why did they support the dictator. He said that we never intended to proceed against the fellow judges and convict them and wanted that they should be proceeded under Article 209 of the Constitution, adding that till today they were showing restraint.
Dr Basit informed the court that Justice Hasnat and Justice Shabbar came to know about the order after their oath. Justice Jawwad inquired when your clients came to know about the order what did they do. The learned counsel said so far his clients have not received authentic copy of November 3, 2007 order. He also said the judgment in Sindh High Court Bar Association case came to surface when the usurper had quit the power.
He said there is difference between contempt of court and the criminal proceeding. The contempt proceedings need to be looked at in the perspective of judicial history of Pakistan. "We all have to restore court's prestige, which had been spoiled. He reiterated his Thursday's stance that the armed forces violated the Constitution. He pleaded that proceedings in contempt or court could not be started till the notice is received by violators authentically.