SC seeks govt stance on legal position of PCO judges
ISLAMABAD: Supreme Court (SC) has sought government stance on the legal position of PCO judges. A 7-member SC special bench presided over by the Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry took up for hearing Monday inter-court appeals with regard to its February,2 verdict against PCO judges.
The SC maintained it was mandate of government rather than apex court to take action under article 6 of the constitution against those who were behind November, 3, 2007 steps. “Some times tough decisions have to be given. Endorsement from parliament was essential in respect of the judges who had taken oath under PCO but the parliament did not endorse them. Parliament did not endorse November, 3, 2007 unconstitutional steps”, the CJP remarked.
SC senior most judge justice Javed Iqbal observed “PCO judges position was validated in Iqbal Tikka case. While the court set aside Iqbal Tikka case and SC had made clear all vague things in review decision of Sindh High Court Bar Association Case. Therefore, PCO has lost its position”.
SM Zafar counsel for SC judge Syed Zahid Hussain took the plea in the inception of hearing that 4-member bench of SC had not laid down reasons in February, 2 verdict. “We will be able to give arguments if court gives reasons”, he said.
Justice Shakir Ullah Jan observed it was interim decision. The hearing of the case be adjourned till the announcement of detailed verdict , SM Zafar contended.
“We will dispose of these cases soon. There is no need for any stay order”, CJP remarked. “Two petitioners were exempted from contempt of court proceedings. It means matter was considered very much “, SC observed. “It is beyond comprehension as to why the court was showing haste in this matter”, SM Zafar said.
“We are hearing the case with open mind and are not showing any haste. Prima Facie those who have taken oath under PCO remain no more judges”, CJP remarked. “Parliament took a good step by not endorsing November, 3, 2007 steps. Where the PCO judges stand in this situation as they have not taken oath under the constitution”, CJP further remarked.
The learned counsel said they were judges before July, 31, verdict and they were also judges under Zafar Ali Shah case. “PCO judges needed endorsement again. If they are not judges then as to how they are availing privileges and perks. This will leave bad impact. November, 3 steps were not endorsed in 18th amendment. What position they hold now. Attorney general should look into the matter as PCO judges were still enjoying perks. He should inform the court about government stance”, CJP said.
“After nullification of Iqbal Tikka case, these judges have no standing. They are not eligible to stay in their offices”, justice Javed Iqbal remarked. SM Zafar said justice Syed Zahid Hussain was appointed as judge of SC on April, 14 under the recommendations of CJP. His new appointment in SC has no relevance with high court, he told.
“Notice was given to Syed Zahid Hussain with reference to his November, 3 contract”, CJP remarked. The last para of decision authored by Justice Javed Iqbal in review decision of Sindh High Court Bar Association be read attentively as it will make clear every thing”, CJP further remarked.
The learned counsel said parliament and judiciary together blocked unconstitutional way. Sacrifices have to be given to block these ways”, CJP Iftikhar Muhammad Chaudhry observed. Proceedings should be initiated under article, 6 against the generals who were behind November, 3 steps, learned counsel said.
Initiating proceedings against them was job of parliament rather than judiciary, CJP remarked. On the request of counsel for Syed Hamid Ali Shah, the court adjourned hearing till March, 3 while the hearing was adjourned till March, 7 in connection with indictment of PCO judges.
Popularity: 1% [?]
Loading ...
