Supreme Court dismisses review petitions against July 31 judgement: Justice Dogar given two weeks for furnishing reply

The Supreme Court on Tuesday dismissed as non-maintainable the petitions seeking review of July 31 decision, which resulted in deposition of some 100 superior courts' judges, and decided to proceed against those judges who contested the initiation of contempt of court proceedings against them.
Thirteen out of the 14-judge of the larger bench of SC hearing the petitions turned down the review pleas while Justice Sardar Muhammad Raza Khan opposed the decision. On October 5, 2009 the Supreme Court issued contempt notices to superior courts judges for violation of apex court's November 3, 2007 decision, restarting them from taking oath under the PCO promulgated by the then military dictator General Musharraf after imposing emergency rule.
In this regard, 42 judges of Supreme Court and high courts had tendered unconditional apology and 11 withdrew their review petitions against the July 31 decision, which led to ouster of the judges from the superior courts. The bench unanimously held that "the judges who have expressed their regrets and repentance by tendering unconditional apologies and affirming their remorse through withdrawal of the petitions filed by them and tendering of resignations, are discharged".
In addition, the court decided not to proceed against those judges who have already retired and have tendered unconditional apologies and those who resigned after pronouncement of July 31, judgement. Meanwhile, the court granted two weeks time to Justice Abdul Hameed Dogar, who has received the contempt notice, to submit his reply for violating the restrain order of November 3, 2007.
However, the court decided to proceed against all those judges who contested the contempt notices along with those who have not filed their replies or have prayed for grant of time. The judges who have tendered resignations but have not filed replies to notices and judges who neither resigned nor filed replies have also been given two weeks to file their replies.
The court held that Justice Muhammad Nawaz Abbasi (Chief Judge of the Supreme Appellate Court, Gilgit-Baltistan ) has filed reply, which is not unconditional apology, therefore, his matter shall be processed along with the others falling in this category.
The court discharged a contempt notice against Syed Zulfiqar Ali Bokhari, a former Lahore High Court (LHC) judge who had passed adverse statement against apex court for passing July 31 order, with his unconditional apology threw himself at the mercy of the apex court.
Chief Justice Iftikhar Muhammad Chaudhry observed during the course of hearing that 'the time has come to discontinue the practice of taking oath under the Provisional Constitution Order (PCO).' Justice Khalilur Rehman Ramday observed that we could have issued contempt notice on July 31 but did not, adding when these people voluntarily sought review notices were issued to them.
Headed by Chief Justice Iftikhar Muhammad Chaudhry, the bench comprising Justices Javed Iqbal, Sardar Muhammad Raza Khan, Khalilur Rehman Ramday, Mian Shakirullah Jan, Tassaduq Hussain Jilani, Nasirul Mulk, Raja Fayyaz Ahmed, Chaudhry Ijaz Ahmed, Ghulam Rabbani, Muhammad Sair Ali, Muhammad Akhtar Shahid Siddiqui, Jawwad S. Khawaja and Rahmat Hussain Jafferi was hearing the matter.
The 14-member bench of the apex court was hearing 31 applications filed by superior courts judges' seeking review of July 31decision. Earlier in the day, Acting Attorney General, Shah Khawar, opposed the applications seeking permission for review saying petitioners have no right to file review petitions hence these be dismissed.
The judges appointed from November 3 to December 15, 2007 who tendered unconditional apology include former: Justices Syed Saeed Ashhad, Ijaz-ul-Hassan, Muhammad Qaim Jan Khan, Muhammad Moosa K. Leghari, Chaudhry Ejaz Yousaf, Zia Pervez, Mian Hamid Farooq, Syed Zawar Hussain Jaffery, Muzammal Khan, Sardar Muhammad Aslam, Sh.Hakim Ali, Sh. Javed Sarfraz, Zubda-tul-Hussain, Khawaja Farooq Saeed, Saif-ur-Rehman, S. Ali Hassan Rizvi, Munib Ahmed Khan, Mrs Qaiser Iqbal, Azizullah M. Memon, Ali Sain Dino Metlo, Nadeem Azhar Siddiqul, Syed Mehmood Alam Rizvi, Abdur Rehman Farooq Pirzada, Rana M. Shahmim, Khawaja Naveed Ahmed, Khalid Ali Z. Qazi, Agha Rafiq Ahmed Khan, Syed Pir Ali Shah, Arshad Noor Khan, Dr Qamaruddin Bohra, Ghulam Dastagir Shahani, Farukh Zia Sheikh, Abdul Qadir Khan, Saleem Khan, Muhammad Raza Khan, Raj Muhammad Khan, Muhammad Alam Khan, Shahji Rehman Khan, Ghulam Mohyuddin Malik, Syed Yahya Zahid Gilani, Ziauddin Khattak and Syed Musadiq Hussain Gilani.