Issuance of contempt notice: Supreme Court returns intra-court appeals filed by two LHC judges

The Supreme Court on Tuesday returned intra-court appeals filed by two Lahore High Court (LHC) judges against the issuance of contempt notice. Former LHC judges, Syed Shabbar Raza Rizvi and Hasnat Ahmed, had filed and intra-court appeal under section 10 (2-A) of the Contempt of court Act, 1976 (Amendment Act 1997, Act II of 1998) against the order of October 5, 13 (issuance of contempt of court notice to judges for violation of November 3, 2007 restrain order).
The court returned the appeals while holding "Contempt of Court Act, 1976 has been repealed by the Contempt of Court Ordinance, 2003 and Contempt of Court Ordinance, 2003 is a valid law, which has been accorded permanence by incorporation of Article 270AA in the Constitution by the Constitution (17th Amendment) Act, 2003."
Earlier, the court suspended proceedings of the case against the judges of superior courts, who contested contempt of court notices after receiving an intra-court appeal that challenged issuance of contempt notices to the judges. "We consider it appropriate both in law and propriety to hold our hands from the proceedings till the decision on the said appeals," said Justice Khalil-ur-Rehman Ramday in the order.
The bench also adjourned the ongoing proceedings connected matter till its decision of the appeals. A five-judge bench, comprising Justice Khalil-ur-Ramday, Justice Nasirul Mulk, Justice Raja Fayyaz Ahmed, Justice Jawwad S. Khwaja and Justice Ghulam Rabbani, heard the case.
The applicants had sought suspension of contempt notices till disposal of the matter for re-appraisal by the full court. Dr Abdul Basit filed the intra-court appeal on behalf of the two LHC judges, and contended that contempt of court notice could not be issued to the judges.
"One judge cannot issue contempt of court notice to the other," he added. He also requested the court to decide the matter regarding former justice Abdul Hammed Dogar at first. Justice Dogar (Retd) was first to take oath under the Provisional Constitution Order (PCO) and had administered oath to others as well.
Dr Khalid Ranjha, counsel for Iftikhar Hussain Chaudhry former Chief Justice of LHC, contended that he had learnt from the national press that the PCO judges would not get salaries/pensions. The bench asked Ranjha to inquire from his client instead of relying on media reports.
However, Dr Ranjha failed to provide any document before the court to support his argument and tendered his apology on making such statement before the bench. Meanwhile, Roy Nawaz, counsel for former justice Abdul Hameed Dogar, informed the court that his client had vacated his official residence.
Justice Khalil-ur-Rehman observed: "I am proud of it that the court did not ask him for vacating the residence. He has been living there for last seven months. We did not issue any direction in this respect." Justice Ramday further remarked that "for us that chapter is closed and we have forgotten what happened."