A former Deputy Attorney-General (DAG), Abdul Rehman, on Friday announced filing of contempt of court petition against Habib-ul-Wahab Al-Khairi for using abusive language in his application to the Supreme Judicial Council (SJC), and to refer the chairman of standing committee on education Abid Sher Ali's land grabbing matter to National Accountability Bureau (NAB).
Addressing a press conference, he said that he along with some other organisations of legal fraternity including Federal Capital Lawyers' Forum, Young Lawyers' Forum and Nawai Wakla Pakistan would file a contempt of court petition against Khairi after winter vacation at the apex court.
On December 23, Khairi had asked the Supreme Court to initiate a reference, under Article 209 of the Constitution, by constituting the SJC against the incumbent Chief Justice Abdul Hameed Dogar and two other judges of the apex court including Justice Ijaz-ul-Hassan and Justice Syed Zawwar Hussain Jaffery on charges of 'misconduct'.
He had alleged that the Chief Justice had misused his office to secure 21 extra marks for his daughter in the higher secondary school examinations. It also alleged that the appointment of Justice Ijaz-ul-Hassan to the Supreme Court was made in violation of Rules as he was seven numbers junior judge.
Khari, in his application, had further alleged that Justice Hassan had dismissed his petition, seeking disqualification of the President and Prime Minister, without proper hearing, which warranted initiation of 'misconduct' proceedings against him.
Rehman said that Khairi filed the application to the SJC in the backdrop of Justice Ijaz-ul-Hassan's denial to entertain the aforesaid petition, which had a prayer for dissolution of the government and an invitation to the army for taking over the government.
His aforesaid petition was dismissed by Justice Ijaz-ul-Hassan, as it was not regarding fundamental rights laid down in Article 184(3) of the constitution, Rehman said. Similarly, under Article 248 of the constitution, the president has the immunity, and the court cannot take up any such matter.
Secondly, Khairi referred the restraining order passed by Justice Syed Zawwar Hussain Jaffery against the probe of standing committee on education in award of extra marks to the daughter of Chief Justice in his application to the SJC saying that Chief Justice Abdul Hameed Dogar had committed misconduct by referring this matter to Jaffery who is a junior judge, but the matter was of national importance.
Rehman said: "We condemn the steps taken by Habib-ul-Wahab Al-Khairi that he had alleged the Chief Justice of Pakistan Justice Abdul Hameed Dogar for misconduct and had invited the army to take over.
He said that "if politicians of the country can reach a rapprochement in the form of National Reconciliation Ordinance (NRO), then why it is not possible in judiciary"? and added that confrontation was not in the interest of the country. When asked about his locus standi to file a contempt of court petition, he said that Justice Jaffery had issued restraint order on his petition, and it was his moral duty, as a lawyer, to file the petition.