These judges know very well that someday someone will ask they why did the rubber stamp martial law. Thus the sorry saga of our country goes…
Three judges may quit bench hearing PCO case
By Sohail Khan
SLAMABAD: Three judges of the Supreme Court on Friday expressed their desire not to sit on the bench hearing identical constitutional petitions, challenging the imposition of emergency and proclamation of the Provisional Constitution Order (PCO).
Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokhar and Justice M Javed Buttar, who took oath under the PCO, will inform the chief justice about their decision whether they would sit on the bench on Monday.
When a ten-member bench of the Supreme Court resumed the hearing of the petitions, challenging the proclamation of emergency, Justice Faqir Muhammad Khokhar pointed out that one of the grounds of proclamation of emergency was the failure of judiciary and he was a part of decisions criticized by the government, consequently he should not sit on the bench.
The ten-member bench of the Supreme Court is headed by newly appointed Chief Justice of Pakistan, Justice Abdul Hameed Dogar, which is hearing identical constitutional petitions, challenging the imposition of emergency and proclamation of the PCO.
Besides the chief justice, the other members of the full bench are Justice Muhammad Nawaz Abbasi, Justice Faqir Muhammad Khokhar, Justice M Javed Buttar, Justice Ejazul Hassan, Justice Muhammad Qaim Jan Khan, Justice Muhammad Moosa K Leghari, Justice Chaudhry Ejaz Yousaf, Justice Muhammad Akhtar Shabbir and Justice Zia Pervez.
Justice Khokhar further said it was being said that the Supreme Judicial Council (SJC) was made ineffective as a consequence of the order passed by the Supreme Court in case of presidential reference against the chief justice.
“It was a matter of judicial decorum, thus I should not hear the case against the imposition of emergency and proclamation of the PCO.”
On this occasion, Justice Muhammad Nawaz Abbasi said that there was a misconception that the Supreme Court had ordered the release of militants during the hearing of suo moto notice against the Lal Masjid operation. He said no such order was passed by the apex court.
Irfan Qadir, counsel for Tikka Iqbal Muhammad Khan, said that in such a situation it was the discretion of the judge to sit on the bench or not.
However, Justice Abbasi replied that in the present case the situation was different as compared to the grounds of emergency.
Attorney General Malik Qayyum said that judges should not become hermit as no verdict of the apex court had been criticized, except the short order.
At this, Justice Abbasi said that every judgment was based on a short order.
Malik Qayyum submitted that as the full court was hearing the case for two consecutive days, therefore, it should continue the hearing and judges should explain their position in the judgment.
He said Justice Khokhar was over-sensitive on the issue.
Justice M Javed Buttar asked the attorney general if he was saying that Justice Khokhar was over-sensitive, then it meant that he was justifying the grounds for the proclamation of emergency.
Justice Abbasi said that two grounds had been told for proclamation of emergency – one is terrorism and the other is interference of judiciary in the powers of the executive. He observed it is a serious matter and if Justice Khokhar will not sit on the bench then how he and Justice Buttar can sit.
Meanwhile, the three judges after the persuasion of Chief Justice Abdul Hameed Dogar and Attoreny General Malik Qayyum said that they would think and decide on Monday whether they should sit on the bench.
Earlier, Irfan Qadir continued his formulations before the full court and submitted that power to amend the Constitution could not be conferred on the chief of army staff.
He said the COAS had no legal and constitutional authority to impose state of emergency in the country, saying that only president can do so. Meanwhile, the court adjourned the hearing till Monday.