CJP warns against undermining SC’s authority

Chief Justice of Pakistan Iftikhar Muhammad Chaudhry said on Friday the SC will not allow anyone to undermine its authority, as the federal government assured the court that in compliance with its May 18 orders, the notification for de-notifying five dysfunctional PCO judges who were still part of the judiciary would be issued by August 9. A five-member SC bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Shakirullah Jan, Justice Tassaduq Jillani, Justice Sarmad Jalal Osmany and Justice Amir Hani Muslim, was hearing a suo motu notice against non-implementation of its May 18 decision directing the government to de-notify the five dysfunctional PCO judges who were still part of the judiciary.
At the onset of the hearing, the chief justice asked Attorney General Moulvi Anwarul Haq and Babar Awan, who represented the federation, why the court’s orders had not been implemented. “Why is the law secretary not implementing the court’s orders?” the chief justice asked Awan. Awan said a summary was sent to the competent authority, the prime minister in this case, for de-notifying the dysfunctional PCO judges on July 19, adding, “As soon as the competent authority approves the summary, the notification will be issued.” The court, however, observed that in the presence of its orders, there was no need of any summary.
“When the court passes an order, its implementation is binding without requirement of any summary,” the chief justice said and directed the federation to issue the notification. “Go and issue the notification right now”, the chief justice told Awan. However, Awan informed the court that the PM was not in Islamabad. He sought two day’s time for issuing the notification. The chief justice observed that the then acting law secretary Sultan Shah was responsible for not implementing the court’s orders. “Why are you not issuing the notification?” the chief justice asked Law Secretary Masood Chishti.
“Go and issue the notification right now,” the chief justice ordered the law secretary. The chief justice observed that the authority of the court would not be allowed to be undermined. Awan again came to the rescue of the law secretary and told the court that on Chishti’s behalf, he wanted to give an undertaking before the court. “Allow me please to give a statement on behalf of the law secretary by assuring your lordship that in pursuance of the court’s May 18 order, the government would issue a notification by or before August 9, de-notifying the dysfunctional PCO judges,” Awan told the court.
“No, the law secretary should give an undertaking that the notification would be issued today,” the chief justice told Awan. Later, after repeated assurances by Awan, the court adjourned the hearing.