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| SC rejects intra-court appeals of two LHC judges |
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Wednesday, November 04, 2009
By Sohail Khan
ISLAMABAD: The Supreme Court on Tuesday rejected the intra court appeals of two Lahore High Court (LHC) judges wherein they had challenged the issuance of contempt notices to them.
A five-member larger bench of Supreme Court headed by Justice Khalil-ur-Rehman Ramday was hearing contempt of court cases against those judges of the superior courts who had taken oath under the Provisional Constitution Order (PCO) of November 3, 2007 in defiance of a restraint order of the apex court.
The Court adjourned the hearing for an indefinite period. Other members of the bench included Justice Nasir-ul-Mulk, Justice Raja Fayyaz Ahmed, Justice Jawwad S Khawaja and Justice Ghulam Rabbani.
The court in its written order held that the intra court appeals filed by Justice Hasnaat Ahmed Khan and Justice Shabbar Raza Rizvi of the LHC making the federal government as respondent under section 10 (2-A) of the Contempt of Court Act 1976, were not entertainable, since the Contempt of Court Act, 1976 has been repealed by the Contempt of Court Ordinance 2003 that is a valid law and has been accorded permanence by incorporation of Article 270AAA in the Constitution through 17th amendment as well as the apex court.
Earlier, in the morning, the court had decided to hear contempt of court cases against PCO judges, after adjudicating upon the pending intra court appeals of two LHC judges. Justice Shabbar Raza Rizvi and Justice Hasnaat Ahmed Khan of the LHC had challenged through intra court appeals the issuance of show-cause notices to them on contempt of court charges by the apex court.
Both the judges had contended in their intra court appeals that July 31,2009 verdict was announced without providing them an opportunity of reply and hearing. They had requested the court on Tuesday to first decide their intra court appeals and then further adjudicate upon the matter, which the court had accepted.
Dr Khalid Ranjha, counsel for former LHC chief justice Iftikhar Hussain Chaudhry, requested the court to first hear the reply/ contentions of Justice (R) Abdul Hameed Dogar to the contempt notice and then go ahead against other judges.
However, Justice Khalil-ur-Rehman Ramday asked Dr Ranjha to argue his case as his matter was different from that of Justice Dogar. Dr Ranjha told the court that it had come to his notice through media reports that the government had stopped the pension of PCO judges.
The court asked Dr Ranjha to first confirm the reports and then inform the court, so that the it (court) may take notice into the matter. After few minutes Dr Ranjha told the court that it was a misunderstanding and there was no such matter. He said his client was getting pension.
Dr Abdul Basit, counsel for Justice Shabbar Raza Rizvi and Justice Hasnaat Ahmed Khan contended that the serving judges could not be issued contempt notices. He said they could only be removed under the provisions of Article 209 of the Constitution.
He said July 31 verdict was announced without hearing his clients. He inquired the court that whether the contempt of court proceedings had been initiated against his clients or the current proceedings were just a hearing against allegations.
He also requested the court to first hear the case of Justice (R) Abdul Hameed Dogar as he was the first one who took oath under the PCO and then administered the oath of PCO to other judges.
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ISSN 1563-9479 
