Another PCO judge Zulfiqar Ali Bokhari has challenged the Supreme Court verdict against the PCO judges and prayed for the review of the SC order, arguing that it had been passed in violation of the universally accepted principle of audi paltrem and that he had been condemned unheard.
He submitted that the Supreme Court had applied the July 31, 2009 judgement with retrospective effect from November 3, 2007. The 14-member Supreme Court had, however, not applied the sanction to the judges who had taken oath under the PCO in 1999 and the office order of January 25, 2009.
He further submitted that if taking oath under the PCO was declared illegal and the principle was applied with retrospective effect on those who took oath on November 3, 2007 it would also apply on the members of the bench that gave the July 31 judgement.
He said Justice Sardar Muhammad Raza Khan, Justice Tassadaq Hussain Jilani, Justice Shakir Ullah Jan, Justice Nasirul Mulk and Justice Sarmad Jalal Osmany, who were members of the full bench, had been appointed with the consultation of Justice Abdul Hameed Dogar.
Similarly 4 judges of the Lahore High Court, 8 judges of the Sindh High Court and three judges of the Peshawar High Court had been appointed in consultation with Justice Dogar, but had been given protection by July 31 judgement.