Contempt cases against PCO judges: SC asks counsel to conclude arguments today

A four-member larger bench of Supreme Court on Monday directed S M Zafar, counsel for one of the PCO judges, to conclude his arguments by Tuesday (today).
An apex court bench comprising Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S. Khawaja, Justice Khilji Arif Hussain and Justice Tariq Parvez, was hearing contempt of court cases against the superior courts' judges, who had taken oath under the Provisional Constitutional Order (PCO) in defiance of a seven-judge bench's restraining order of November 3, 2007.
Resuming his arguments, S M Zafar, counsel for Justice Sayed Zahid Hussain of the Supreme Court, argued that a contempt of court notice could not be issued to a superior court judge. He said contempt of court proceedings can be initiated against a common man and if a judge violates the law, he would be tried on charges of misconduct under Article 209 of the Constitution by Supreme Judicial Council (SJC).
He said the SJC should hear contempt of court cases against the PCO judges, adding that the things that could have been done through the SJC should not be done through contempt of court. He said the Supreme Court has already held that if a judge commits misconduct, he would be tried under Article 209 of the Constitution. Justice Tariq Parvez said that in the contempt of court cases against judges, there was no issue that the superior courts' judges had taken oath under the PCO, instead it was the matter of violation of an apex court order, which was a contempt of court.
S M Zafar said that his client, who is a judge of the Supreme Court, is presently on leave, which rendered the court incomplete. "A court cannot be considered complete without a judge, because he is an important and integral part of the court," S M Zafar argued. He also pleaded that the judge in question, being a judge of the Supreme Court himself, represented the court, thus contempt proceedings could not be initiated against him.
Justice Mahmood Akhtar Siddiqui remarked that when the judiciary confronted a dictator on November 3, 2007, some judges supported him despite the fact that his steps had not been endorsed by the parliament. He said an institution could not be established within an institution. He said for the first time in Pakistan's history, a chief judge had taken firm stand against illegal steps of a president of the country, but his move was failed by an unconstitutional act of PCO judges.
S M Zafar argued that if the court would open the gate of contempt of court cases against the fellow judges then God knew how many cases of the superior courts' judges will be before it. "It would undermine the sovereignty of this institution," he added. "If you would not follow the procedure provided in Article 209, you will be nullifying the basics of this institution," he maintained. Justice Tariq Parvez questioned that 'if misconduct is a violation of Code of Conduct, then what it would be if someone violates the court order. He said in the case of Chief Justice Iftikhar Muhammad Chaudhry versus President of Pakistan, there was no issue of contempt of court.
However, S M Zafar said in that case contempt of court had not been discussed instead importance of the SJC was argued, adding whatever had happened in the past should not happen again. Justice Jawwad S. Khawaja said it was their common objective that the credibility should not affect. He said although July 31, 2009 judgement does not mention contempt of court, however, it was included in October 5, 2009 verdict. He said in that judgement it was held that if any judge commits misconduct, he would be tried under Article 209. He said if his (S.M Zafar) client had done something wrong then he should be dealt in accordance with the misconduct. Meanwhile, the court adjourned further hearing till today (Tuesday).
The contempt of court proceedings against the PCO judges were started on May 10, 2010 and since then three judges - Justice Nasirul Mulk, Justice Raja Fayyaz Ahmed and Justice Muhammad Sair Ali separated themselves from hearing the PCO judges' case on various accounts.
The PCO judges facing contempt charges include- Justice Abdul Hameed Dogar, former de-facto chief justice of Pakistan, former judge Iftikhar Hussain Chaudhry, former chief justice of Lahore High Court and eight sitting judges- Justice Sayed Zahid Hussain of the Supreme Court and Justice Khurshid Anwar Bhinder, Justice Hamid Ali Shah, Justice Zafar Iqbal Chaudhry, Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza Rizvi, Justice Yasmin Abbasey and Justice Jehan Zaib Rahim of different high courts. The PCO judges are facing contempt charges for taking oath under the PCO in defiance of a restraining order issued by a seven-judge Supreme Court bench on November 3, 2007, moments after the proclamation of emergency by former president Pervez Musharraf.