ISLAMABAD: All judges are equal and one judge cannot serve a contempt notice to another, SM Zafar, lawyer for Justice Sayed Zahid Hussain, argued before a four-member bench hearing contempt charges against PCO judges on Tuesday.
The bench consisting of Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja, Justice Khilji Arif Hussain and Justice Tariq Parvez was hearing contempt charges against the superior courts’ judges who took oath under the Provisional Constitutional Order (PCO) in defiance of a restraining order issued by a seven-judge bench on November 3, 2007.
Zafar argued that after the revocation of the Proclamation of Emergency Order, 2007, there was an amended constitution and many judges took oath under that, however, a few refused.
Justice Khilji Arif Hussain said that the November 3, 2007, emergency was proclaimed by the chief of army staff, while under Article 232 of the Constitution, the emergency could be imposed on the advice of the prime minister.
He said there was no example in the world where a judge of Supreme Court had been issued notice by his colleagues.
Justice Mahmood Akhtar Shahid Siddiqui said a dictator imposed emergency in the country and issued PCO against the higher judiciary. He said parliament also did not indemnify the unconstitutional step, and a few judges of the superior courts supported the PCO. He asked how could there be an institution within an institution, adding that it was a historical struggle and thus required new law in that perspective.
Zafar contended that the court could not interpret the history, as a judge’s job was only to interpret the constitution.
Justice Jawwad S Khawaja said, “In your book, you have mentioned that in order to interpret the constitution, all events of the past should be kept in mind.” However, SM Zafar said let “our past not rule on our future”. Justice Khawaja replied, “A nation that forgets its history is doomed.”
Later the hearing was adjourned until today (Wednesday).
