ISLAMABAD – The lawyer for Justice (r) Abdul Hameed Dogar told the Supreme Court on Wednesday that by taking oath under the Provisional Constitutional Order (PCO), his client had done what the judiciary had been doing for the last 50 years.
A four-member larger bench of Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S Khawaja, Justice Khilji Arif Hussain and Justice Tariq Parvez, was hearing contempt of court cases against the superior court judges who took oath under the PCO in defiance of a seven-judge bench’s restraining order of November 3, 2007.
Ibrahim Satti, lawyer for Justice (r) Dogar, said the Supreme Court had not declared or even termed November 3, 2007 actions illegal until its July 31, 2009 judgment.
But Justice Khawaja pointed out that on November 3, 2007, when emergency was imposed, the court passed orders against it the very day. He said PCO judges followed past practices, keeping aside their conscience. He said November 3, 2007 actions had not been validated by parliament.
Satti said the notification about appointments of Justice Nasirul Mulk and Justice Mian Shakirullah Jan was issued on the recommendations of then chief justice Abdul Hameed Dogar.
“Both judges accepted him as the chief justice of Pakistan as they took oath from him, but on the other hand, they were the judges who were signatory to a restraining order passed against proclamation of November 3 emergency,” he said.
He said a number of judges rendered unconditional apologies after July 31, 2009 verdict, which were accepted by the court, but those who wanted to contest their cases were told that they had to face proceedings, which was not legitimate.
The proceedings were adjourned until today (Thursday).
