genmirajborgza786
PDF VETERAN
- Joined
- Mar 20, 2006
- Messages
- 4,303
- Reaction score
- 20
- Country
- Location
congarts on the success of the long march well done pakistan !
Iftikhar gets warm welcome in New York
- Thread starter RabzonKhan
- Start date
RabzonKhan
SENIOR MEMBER
- Joined
- Aug 1, 2008
- Messages
- 4,289
- Reaction score
- 3
- Country
- Location
SC reserves verdict in PCO judges case
Dawn
Jan 26 2011
ISLAMABAD: The Supreme Court on Wednesday reserved its verdict in the contempt charges against superior court judges for taking oath under the Provisional Constitution Order (PCO), DawnNews reported.
A four-judge SC bench comprising Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S. Khwaja, Justice Khilji Arif Hussain and Justice Tariq Parvez heard contempt cases against Justice (retd) Abdul Hameed Dogar, former chief justice of the Supreme Court; Iftikhar Hussain Chaudhry, former chief justice of the Lahore High Court; and eight sitting judges Justice Sayed Zahid Hussain of the Supreme Court and Justices Khurshid Anwar Bhinder, Hamid Ali Shah, Zafar Iqbal Chaudhry, Hasnat Ahmed Khan, Syed Shabbar Raza Rizvi, Yasmin Abbasey and Jehan Zaib Rahim of different high courts.
They are facing contempt charges for taking oath under the PCO in defiance of a restraining order issued by a seven-judge bench on November 3, 2007, moments after the proclamation of emergency by former president Pervez Musharraf.
Justice Zahid Hussains lawyer Zafar Ali Shah and Dr Abdul Basit, counsel for Justice Shabbar Raza Rizvi and Justice Hasnat Ahmed, concluded their arguments on Wednesday.
The two counsels argued that under the constitution contempt proceedings could be conducted against judges.
However, Justice Jawwad Khwaja remarked that judges were also required to follow a certain code of conduct.
If judges had constitutional immunity then that could have been pointed out, Justice Khwaja said.
The court then reserved its verdict on initiating proceedings against PCO judges and issuing contempt notices to generals involved in the implementation of the November 3 emergency.
The court also reserved its decision on employing the assistance of the Pakistan Bar Council (PBC) and presidents of the provincial bar associations in contempt proceedings.
Dawn
Jan 26 2011
ISLAMABAD: The Supreme Court on Wednesday reserved its verdict in the contempt charges against superior court judges for taking oath under the Provisional Constitution Order (PCO), DawnNews reported.
A four-judge SC bench comprising Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S. Khwaja, Justice Khilji Arif Hussain and Justice Tariq Parvez heard contempt cases against Justice (retd) Abdul Hameed Dogar, former chief justice of the Supreme Court; Iftikhar Hussain Chaudhry, former chief justice of the Lahore High Court; and eight sitting judges Justice Sayed Zahid Hussain of the Supreme Court and Justices Khurshid Anwar Bhinder, Hamid Ali Shah, Zafar Iqbal Chaudhry, Hasnat Ahmed Khan, Syed Shabbar Raza Rizvi, Yasmin Abbasey and Jehan Zaib Rahim of different high courts.
They are facing contempt charges for taking oath under the PCO in defiance of a restraining order issued by a seven-judge bench on November 3, 2007, moments after the proclamation of emergency by former president Pervez Musharraf.
Justice Zahid Hussains lawyer Zafar Ali Shah and Dr Abdul Basit, counsel for Justice Shabbar Raza Rizvi and Justice Hasnat Ahmed, concluded their arguments on Wednesday.
The two counsels argued that under the constitution contempt proceedings could be conducted against judges.
However, Justice Jawwad Khwaja remarked that judges were also required to follow a certain code of conduct.
If judges had constitutional immunity then that could have been pointed out, Justice Khwaja said.
The court then reserved its verdict on initiating proceedings against PCO judges and issuing contempt notices to generals involved in the implementation of the November 3 emergency.
The court also reserved its decision on employing the assistance of the Pakistan Bar Council (PBC) and presidents of the provincial bar associations in contempt proceedings.
RabzonKhan
SENIOR MEMBER
- Joined
- Aug 1, 2008
- Messages
- 4,289
- Reaction score
- 3
- Country
- Location
SC decides to proceed against PCO judges
Daily Times
February 03, 2011
* Court rules judges are not immune from contempt of court proceedings
* Says it will frame charges against nine judges on 21st
* Proceedings against former president and prime minister may go ahead independently and on their own facts
By Hasnaat Malik
ISLAMABAD: The Supreme Court, on Wednesday, decided to proceed against unseated judges by framing contempt charges against them on February 21.
In its judgement over a set of appeals filed by a number of unseated judges who had taken oaths under the annulled Provisional Constitutional Order (PCO) of November 3, 2007, in defiance of a restraining order by a seven-member SC bench, the apex court announced that it would frame charges against nine judges on February 21.
They (unseated judges) if so desire appear on that date either in person or through their counsels to enter their plea on the charges framed against them, the court ruled.
It also directed those PCO judges who had neither tendered their resignations nor filed replies, to file their replies within two weeks.
A four-member SC bench, comprising Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja, Justice Tariq Parvez and Justice Khilji Arif Hussain, announced the judgement.
Giving answers to certain queries raised by the PCO judges counsels, the court held that the constitution and law did not prohibit contempt proceedings against superior courts judges under Article 204 and Contempt of Court Ordinance V 2003.
It also stated in its order that even though Justice Zafar Iqbal Chaudhry and Justice Khurshid Anwar Bhindar had also taken oath under the PCO but since they were not the judges of the Lahore High Court on November 3, 2007 or at any later point in time, thus they did not violate the November 3 order.
Dr Abdul Basit, counsel for unseated judges Hasnat Ahmed Khan and Shabbar Raza Rizvi, had asked the court to issue notices to the then chief of army staff (COAS) and president, Pervez Musharraf, and prime minister, Shaukat Aziz, contending that they are equally liable for disobeying the courts order of November 3, 2007.
The court observed that these instruments were issued prior to the passing of the November 3 order and were not in disobedience of the same. Therefore, the case of a contempt of court against them will have to answer is materially different from the charges faced by the PCO judges, it added.
The judgment states, The proceedings against the former president and PM may proceed independently and on their own facts either before this bench or some other bench as may be determined by the chief justice of Pakistan and it is quite unnecessary to link or club their proceedings with the PCO judges cases.
Daily Times
February 03, 2011
* Court rules judges are not immune from contempt of court proceedings
* Says it will frame charges against nine judges on 21st
* Proceedings against former president and prime minister may go ahead independently and on their own facts
By Hasnaat Malik
ISLAMABAD: The Supreme Court, on Wednesday, decided to proceed against unseated judges by framing contempt charges against them on February 21.
In its judgement over a set of appeals filed by a number of unseated judges who had taken oaths under the annulled Provisional Constitutional Order (PCO) of November 3, 2007, in defiance of a restraining order by a seven-member SC bench, the apex court announced that it would frame charges against nine judges on February 21.
They (unseated judges) if so desire appear on that date either in person or through their counsels to enter their plea on the charges framed against them, the court ruled.
It also directed those PCO judges who had neither tendered their resignations nor filed replies, to file their replies within two weeks.
A four-member SC bench, comprising Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja, Justice Tariq Parvez and Justice Khilji Arif Hussain, announced the judgement.
Giving answers to certain queries raised by the PCO judges counsels, the court held that the constitution and law did not prohibit contempt proceedings against superior courts judges under Article 204 and Contempt of Court Ordinance V 2003.
It also stated in its order that even though Justice Zafar Iqbal Chaudhry and Justice Khurshid Anwar Bhindar had also taken oath under the PCO but since they were not the judges of the Lahore High Court on November 3, 2007 or at any later point in time, thus they did not violate the November 3 order.
Dr Abdul Basit, counsel for unseated judges Hasnat Ahmed Khan and Shabbar Raza Rizvi, had asked the court to issue notices to the then chief of army staff (COAS) and president, Pervez Musharraf, and prime minister, Shaukat Aziz, contending that they are equally liable for disobeying the courts order of November 3, 2007.
The court observed that these instruments were issued prior to the passing of the November 3 order and were not in disobedience of the same. Therefore, the case of a contempt of court against them will have to answer is materially different from the charges faced by the PCO judges, it added.
The judgment states, The proceedings against the former president and PM may proceed independently and on their own facts either before this bench or some other bench as may be determined by the chief justice of Pakistan and it is quite unnecessary to link or club their proceedings with the PCO judges cases.
RabzonKhan
SENIOR MEMBER
- Joined
- Aug 1, 2008
- Messages
- 4,289
- Reaction score
- 3
- Country
- Location
Justice (r) Dogar seeks pardon for taking oath under PCO
Daily Times
March 04, 2011
By Hasnaat Malik
ISLAMABAD: The Supreme Court on Thursday accepted an unconditional apology of former defacto chief justice of Pakistan, Justice (r) Abdul Hameed Dogar, for taking oath under the annulled Provisional Constitutional Order (PCO) of November 3, 2007, in defiance of a restraining order by a seven-member apex court bench, and vacated the contempt of court notice served on him.
The court also dropped contempt proceedings against a PCO judge of the apex court, Zahid Hussain, after his counsel, SM Zafar, said that his client had tendered an unconditional apology and opted for a pre-mature retirement, therefore, instant proceedings initiated against him should be dropped.
A seven-member SC bench, comprising Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry, Justice Javed Iqbal, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Mian Saqib Nisar, Justice Sarmad Jalal Osmany and Justice Amir Hani Muslim, accepted the pleas after due consideration.
The bench was hearing intra-court appeals of retired and unseated PCO judges of superior courts against its order of February 2, in which it ruled that contempt of court proceedings would be initiated against retired and unseated PCO judges of superior courts.
In his remarks, the CJP said, It is better that these judges have realised their mistakes. He observed that it was for the first time when the judiciary rejected the November 3, 2007, unconstitutional steps, and said that there was rule of law in the country now.
At the outset of the proceedings, Attorney General of Pakistan (AGP), Maulvi Anwarul Haq, presented before the court a written apology of Justice (r) Dogar. Placing himself at the mercy of the court, he requested the court to accept his regrets and withdraw the contempt notice issued to him.
With all humility and humbleness at my command, it is submitted that under abrupt, unexpected changes, confusions, misconception and misunderstanding, the restraining order of November 3, 2007, could not be complied which is highly regretted with repentance and sorrow, Dogar said in his one-page apology.
We accept the appeal, and contempt of court proceedings against Dogar are terminated, the court said in its order.
Daily Times
March 04, 2011
By Hasnaat Malik
ISLAMABAD: The Supreme Court on Thursday accepted an unconditional apology of former defacto chief justice of Pakistan, Justice (r) Abdul Hameed Dogar, for taking oath under the annulled Provisional Constitutional Order (PCO) of November 3, 2007, in defiance of a restraining order by a seven-member apex court bench, and vacated the contempt of court notice served on him.
The court also dropped contempt proceedings against a PCO judge of the apex court, Zahid Hussain, after his counsel, SM Zafar, said that his client had tendered an unconditional apology and opted for a pre-mature retirement, therefore, instant proceedings initiated against him should be dropped.
A seven-member SC bench, comprising Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry, Justice Javed Iqbal, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Mian Saqib Nisar, Justice Sarmad Jalal Osmany and Justice Amir Hani Muslim, accepted the pleas after due consideration.
The bench was hearing intra-court appeals of retired and unseated PCO judges of superior courts against its order of February 2, in which it ruled that contempt of court proceedings would be initiated against retired and unseated PCO judges of superior courts.
In his remarks, the CJP said, It is better that these judges have realised their mistakes. He observed that it was for the first time when the judiciary rejected the November 3, 2007, unconstitutional steps, and said that there was rule of law in the country now.
At the outset of the proceedings, Attorney General of Pakistan (AGP), Maulvi Anwarul Haq, presented before the court a written apology of Justice (r) Dogar. Placing himself at the mercy of the court, he requested the court to accept his regrets and withdraw the contempt notice issued to him.
With all humility and humbleness at my command, it is submitted that under abrupt, unexpected changes, confusions, misconception and misunderstanding, the restraining order of November 3, 2007, could not be complied which is highly regretted with repentance and sorrow, Dogar said in his one-page apology.
We accept the appeal, and contempt of court proceedings against Dogar are terminated, the court said in its order.
