Contempt of court notices to PCO-judges: SCBA President expresses displeasure

03 Feb, 2011

President Supreme Court Bar Association Asma Jahangir said Supreme Court would itself weaken the judiciary by deciding to frame charges against PCO-judges. Addressing a press conference here on Wednesday, she was of the view that issuing contempt of court notices to PCO-judges was very unreasoning and SC by taking such decision has cut the ground from under its feet.
It was better to send these judges home or send references against them to supreme judicial council because they were dysfunctional but still sitting judges, Asma added. Expressing her displeasure over apex court decision of framing charges on PCO-judges for taking oath on November-3 PCO promulgated by former president General Pervez Musharraf (retired), she said the decision would weaken the foundation of judiciary.
She said after this decision every judge will feel fear from other judges and dignity of the judiciary will be at stake. She said it was never happened in the history that sitting judges were prosecuted for contempt of court. She dispelled media news that the SC also issued notices to former president Musharraf, former Prime Minister Shaukat Aziz, core commanders and many retired army officers. The media misinterpreted the court's proceedings, she added.
SCBA president said she was among those who were against the judges for taking oath under PCO but a wrong act could not be treated with wrong manner and punishment. The lawyers started struggle for the reinstatement of judiciary at that time when the judges had no hope of their restoration. She pointed out that she was petitioner in famous Asma Jillani case and many judges on the said bench that decided the case had taken oath under PCO. To a question, Asma was of the view that instead of the government, courts should decide the controversy of immunity to Raymond Davis.

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