A former judge of Peshawar High Court (PHC) who had taken oath under, now annulled 'Provisional Constitutional Order (PCO) 2007, Wednesday moved an appeal in the Supreme Court raising objection over the three-member bench constituted for hearing of PCO judges' cases.
The appeal had prayed the court for recusal of Justice Jawwad S Khawaja and Justice Mahmood Akhtar Shahid Siddiqui and Justice Tariq Parvez from the bench. Justice Jehanzaib Rahim, a dysfunctional judge of PHC, in his plea stated that Justice Tariq Pervez, a member of the bench, had hostile interaction with him on personal level in the recent past.
Citing an incident he said before Eid holidays, they met at Golf Club Peshawar where the Judge of the apex court in a sarcastic tone told him that he was drawing salary from the public exchequer without doing any work as a judge. He further said that Justice Tariq had a close relationship with a party with whom the applicant had property litigation. The petitioner said that Justice Tariq had taken oath similar to one taken by him earlier, therefore; he was barred to adjudicate upon the matter. He contended that presence of the Judge in the bench would jeopardise the prospects of his other colleagues who were hearing the contempt proceedings.
"Justice Tariq took active part in the movement for restoration of the judiciary, addressed gatherings, spoke against PCO judges, particularly against the applicant and acted as political person," he added. Placing his objections on two other judges of the bench, including Justice Jawwad S. Khawaja and Justice Mahmood Akhtar Shahid Siddiqui, the applicant said that the observations they had made during course of hearing of their pleas reflected their state of mind, which was inconsistent with judicial impartiality.
Earlier on last Monday, Justice Muhammad Sair Ali, heading a five-member bench, had recused in his personal capacity from hearing a number of pleas of those dysfunctional judges who took oath on November 3, 2007 under PCO in violation of a restraining order of the apex court. The objection was raised by Dr Abdul Basit, a counsel over members of the bench with identical concern.
The bench was seized with hearing of the matter of contempt of court (determination of legal question/proceedings) against Justice retired Iftikhar Hussain Chaudhry, Justice Khurshid Anwar Bhinder, Justice Hamid Ali Shah, Justice Zafar Iqbal Chaudhry, Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza, Justice Yasmin Abbasey, Justice Jehan Zaib Rahim, Justice Sayed Zahid Hussain, Justice (R) Abdul Hameed Dogar, Justice Syed Sajjad Hussain Shah, Justice (R) Iftikhar Hussain Chaudhry, Justice Syed Hamid Ali Shah and Justice Jehanzaib Rahim. On July 31, 2009, the Supreme Court had declared steps taken on November 3, 2007 by former president Pervez Musharraf as "illegal and unconstitutional" under Article 279 of the Constitution.
Afterwards, PCO judges were issued contempt of court notices for not obeying the Supreme Court's restraining orders, and taking oaths under the PCO. However, at least 45 judges tendered unconditional apologies for taking oaths, but the rest of them decided to contest the notices.