SC grants time over de-notification of PCO judges
The Supreme Court on Friday granted two days to the Federation to issue de-notification of a number of former judges who took oath under annulled Provisional Constitutional Order (PCO) of 2007 and consequently, had to cease their offices after July 31, 2009 decision of the apex Court.
A five-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Mian Shakirullah Jan, Justice Tassaduq Hussain Jillani, Justice Sarmad Jalal Osmani and Justice Amir Hani Muslim on the issue of PCO judges, expressed its displeasure in delay over issuance of required notification in pursuance of its May 18 order.
Dr Babar Awan, representing Secretary Ministry of Law Masood Chishti, apprised the Bench that on 19th July, a summary was sent under Rules of Business to the competent authority for approval.
The Chief Justice told him that they did not require any summary as it was Court's order which had to be implemented.
He said "You need no summary, Supreme Court's orders should be implemented fully."
He told him that one Sultan Shah, the acting secretary ministry of Law, had misled the government by referring to Article 209 (process for removal of judges through Supreme Judicial Council) and he had committed misconduct.
Babar informed that the man was hospitalized.
The Chief observed "Supremacy is only to Constitution and the Court has given its verdict under it which should be implemented at all costs. We will not allow our authority to be eroded."
The Bench told Dr Babar to go and get the summary approved to which the latter replied that the Prime Minister was out of the town and as soon as he returned, Court's respective order would be implemented.
Dr Babar assured that all orders of the apex Court would be implemented.
The Chief Justice told him that they had learnt from newspapers that the Cabinet had also criticized its certain decisions.
Dr Babar replied that certain stories were baseless and few people had been doing politics on thses stories.
The CJ said it was command of the Court to denotify these judges after their verdict had become a public property.
On May 18, a larger bench headed by Chief Justice of Pakistan in its detailed judgment on the PCO judges' intra-court appeals, held that since the November 3, 2007 actions of former president Pervez Musharraf were declared unconstitutional by it in its July 31, 2009 order and later not validated by the parliament in the 18th Amendment, so all the PCO judges ceased to hold offices.
The Court had directed the Federal Law Secretary to issue notifications regarding the removal of these judges because they were no more entitled to hold their offices after April 20, 2010 ,the day the 18th Constitutional Amendment was adopted.
Seven judges have been facing contempt of court proceedings after they decided to challenge apex Court's verdict on the issue.
These were Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza Rizvi, Justice Syed Hamid Ali Shah, Justice (r) Iftikhar Hussain Chaudhary, Justice Syed Sajjad Hussain Shah and Justice Yasmin Abbasey and Justice Jahanzaib Rahim.

















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