Sharifs disqualification case: intra-court appeal to be filed against contempt sentence

28 Mar, 2009

Senior advocate Akram Sheikh is filing an intra-court appeal against contempt sentence awarded to proposer and seconder of Muhammad Nawaz Sharif and Shahbaz Sharif in their disqualification case.
It may be recalled that a three member bench of the Supreme Court had fined Rs 1,00,000 each to petitioners, Mehr Zafar Iqbal and Shakeel Baig, to be paid/deposited in the office of apex Court within 15 days or to suffer simple imprisonment of three months on the charges of gross contempt of the court.
Akram Sheikh told Business Recorder here on Friday that he would file the intra court appeal in a day or two as a new five member larger bench headed by Justice Tassadiq Hussain Jilani has been constituted to hear the review petitions of Federation of Pakistan and Sharif brothers from next week.
The court said Mehr Zafar Iqbal and Shakeel Baig had argued that the three Judges Justice Moosa K. Leghari, Justice Sakhi Hussain Bokhari and Sheikh Abdul Hakim should not hear the petitions as they had taken oath under the PCO and an "appropriate" bench be constituted to hear disqualification appeals of Sharif brothers.
The court found the petitioners contention to be malicious and vicious and an attempt to create division amongst the Honble Judges of this apex Court into two factions of PCO and non-PCO Judges, although at present, all the sitting Judges are those Judges who have taken oath under the present Constitution, and no discrimination or distinction on this account can be made or created amongst them by these petitioners.
The court said in fact, it is a conspiracy of highest and gravest nature which has been hatched up by some vested interests, to destroy the whole judicial fabric of this highest judicial institution of the country, for their own interest and purpose. " All the Judges sitting in this Court are equal, respectful and revered and brother Judges, amongst whom no distinction and discrimination of belonging to one or the other group can be allowed and permitted by any of the Judges of this Court to be made and raised at this stage and thereafter", the judgement added.

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