ISLAMABAD: A five-member Supreme Court larger bench was on Wednesday asked to first decide whether the PCO judges were served with only a notice or a show cause notice under the Contempt of Court Ordinance 2003, and then conduct further hearing into the matter.
The bench of Justice Muhammad Sair Ali, Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja, Justice Khilji Arif Hussain and Justice Tariq Parvez was conducting contempt of court hearing on cases against PCO judges, who violated the restrain of a seven-member SC bench on November 3, 2007, and took oath under the PCO.
Dr Abdul Basit, lawyer for Justice Shabbar Raza Rizvi and Justice Hasnat Ahmad Khan, told the court that notices were issued to PCO judges by a 14-member larger bench under Contempt of Court Act 1976, however, it was realised later that the act had been repealed with the Contempt of Court Ordinance 2003, thus the notices were reissued under the new ordinance.
Dr Basit said, “If the court so pleases, issue me a show cause notice first and then initiate criminal proceedings against my client.” He asked the court to first decide his pending application against composition of the bench, as it was crucial to reach a decision.
He said if his pending application against composition of the bench was accepted, then the whole proceedings would become infructuous. He said the ongoing proceedings on the issue were non-imperium and preliminary, having no legal value. Justice Sair Ali told the lawyer that the bench had not received his application yet, however, it would decide it as soon as it reached the bench.
Dr Basit said notices were issued without hearing the judges. Basit requested the court to allow him to further argue the case on Friday, which the court accepted and directed SM Zafar, lawyer for Justice Sayed Zahid Hussain, a Supreme Court judge, to argue the case today (Thursday).
