| Citation(s) |
|---|
| 2018 SLG 312 2018 SLD 312 2018 SCMR 514 |
Constitutional Petitions Nos. 1, 2 and 10 of 2016, decision & hearing Date : 5-1-2018. (Petitions under Article 184(3) of the Constitution, 1973)
ASIF SAEED KHAN KHOSA, JUSTICE, EJAZ AFZAL KHAN, JUSTICE, GULZAR AHMED, JUSTICE, MUSHIR ALAM, JUSTICE, FAISAL ARAB, JUSTICE, IJAZ UL AHSAN, JUSTICE
Ali Sibtain Fazil, Advocate Supreme Court, Ch. Akhtar Ali, Advocate-on-Record for Petitioners and Petitioners in person (in Constitutional Petitions Nos. 1 and 2 of 2016). Sh. Zamir Hussain, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners (in Constitutional Petition No. 10 of 2016). Nemo for
Respondent (in all cases).
SYED SHABBAR RAZA RIZVI AND OTHERS
VS
FEDERATION OF PAKISTAN, MINISTRY OF LAW AND JUSTICE DIVISION THROUGH SECRETARY, ISLAMABAD AND OTHERS
Law:
Section: 204
(a) Provisional Constitution Order 1 of 2007--- ----Art. 2(4)---Oath of Office (Judges) Order, 2007, Para. 3---Constitution of Pakistan, Art. 204---Contempt of Court Ordinance (IV of 2003), S. 3---Contempt of Court---Notices for contempt issued to former judges of the (Lahore) High Court for taking oath under the Oath of Office (Judges) Order, 2007 made in pursuance of Provisional Constitution Order No. 1 of 2007 ("PCO 2007")---Seven Member Bench of the Supreme Court, in the case of Wajihuddin Ahmed v. Chief Election Commissioner (PLD 2008 SC 25) passed an order, inter alia, restraining the Judges of the superior Courts from taking oath under the "PCO 2007" or any other unconstitutional instrument---Petitioners (former Judges of the Lahore High Court), having taken oath under the Oath of Office (Judges) Order, 2007 made in pursuance of "PCO 2007", continued to perform duties/act as Judges of the Lahore High Court---On account of the decision of the Supreme Court reported as Sindh High Court Bar Association through its Secretary and another v. Federation of Pakistan through Secretary, Ministry of Law and Justice, Islamabad and others (PLD 2009 SC 879), the petitioners, along with other Judges of the superior Courts who had taken oath under the Oath of Office (Judges) Order, 2007, were declared to have violated the restraint order passed in Wajihuddin Ahmed v. Chief Election Commissioner (PLD 2008 SC 25) and notices for contempt of Court under Art. 204 of the Constitution read with relevant provisions of the contempt of Court laws were issued to them---Questions were as to whether contempt of Court notices could have been issued to the petitioners, and whether petitioners could not be removed from office except under Art. 209 of the Constitution; held, that the said questions had already been dealt in detail by the Supreme Court in the cases of Sindh High Court Bar Association through its Secretary and another v. Federation of Pakistan through Secretary, Ministry of Law and Justice, Islamabad and others (PLD 2009 SC 879), Justice Khurshid Anwar Bhinder and others v. Federation of Pakistan and another (PLD 2010 SC 483), Justice Hasnat Ahmed Khan v. Federation of…
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