LAHORE: On behalf of the Lahore High Court Bar Association (LHCBA), a petition has been filed in the Supreme Court (SC) challenging its judgement wherein it had ousted SC and high court judges who had taken oath under PCO or who were elevated on the recommendations of former chief justice of Pakistan Abdul Hameed Dogar.
The bar challenged the scope and applicability of the judgement of the SC in the Singh High Court Bar Association case.
The petitioner’s counsel, Barrister Sayed Ali Zafar, stated that after the reinstatement of judges following the 2007 movement of lawyers, various judgements were allowed in the Sindh High Court Bar Association case, in which judges of superior courts were either outright ousted from their offices or they had to prematurely resign from their offices “in violation of constitution”.
Zafar said that there were two categories of such judges – those who had taken oath under the PCO and those who had been appointed after the restoration of the constitution during Gen (r) Pervaiz Musharraf’s regime.
With regard to the first category of the judges, the lawyer said, they were forced to resign when the SC initiated contempt proceedings against them while under the constitution a superior court judge could not issue this notice against another superior court judge.
He stated that issuance of a contempt notice was unconstitutional and the only action, which could be taken against judges, was to file proceedings against them for their removal under Article 209 before the Supreme Judicial Council.
Barrister Zafar also stated that the impugned judgement was based on bias and contravenes the provisions of the constitution as the judges were removed without following the due process of law.
He said that since the case affects the independence of judiciary and the bar and the bench have been deprived of eminent members of the judiciary, the LHCBA has a fundamental right to ensure that relief is given to these judges in accordance with the law and the injustice is removed.
He stated that the LHCBA has a “century-old tradition” of struggling for the rule of law and independence of judiciary and its members were active and crucial participants of the movement for the restoration of judiciary in 2007.
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