ISLAMABAD: While hearing contempt cases against judges who took oath under the Provisional Constitutional Order (PCO) in violation of a Supreme Court restraining order, the SC on Tuesday rejected the intra-court appeals of two Lahore High Court (LHC) judges challenging of contempt notices issued to them.
A five-member SC bench of Justice Khalilur Rehman Ramday, Justice Nasirul Mulk, Justice Raja Fayyaz Ahmed, Justice Jawwad S Khawaja and Justice Ghulam Rabbani later adjourned the proceedings for an indefinite period.
In its written order, the bench held that the intra-court appeals filed by LHC Justice Hasnaat Ahmed Khan and Justice Shabbar Raza Rizvi making the federal government respondent under section 10 (2A) of the Contempt of Court Act 1976, were not liable to be entertained, as the Contempt of Court Act 1976 had been repealed by the Contempt of Court Ordinance 2003, which was a “valid law and has been accorded permanence by incorporation of Article 270AA in the constitution through 17th Amendment as well as the apex court”.
Earlier, the court decided to hear contempt of court cases against PCO judges after adjudicating upon the pending intra-court appeals of the two LHC judges. Justice Shabbar Raza Rizvi and Justice Hasnaat Ahmed Khan of the LHC had challenged the issuance of show-cause notices to them on contempt of court charges by the SC.
Both judges had contended that the July 31, 2009, verdict was announced without providing them an opportunity to clear their positions. They had requested the court to first decide their intra-court appeals and then adjudicate further, which the court had accepted.
Dr Khalid Ranjha, counsel for former LHC chief justice Iftikhar Hussain Chaudhry, requested the court to first hear the reply/contentions of Justice (r) Abdul Hameed Dogar to the contempt notice and then move ahead with the appeals by other judges.
However, Justice Khalilur Rehman Ramday asked Ranjha to argue his case, as his matter was different from that of Justice (r) Dogar.
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