God forbid, situation again arise for judges to take PCO oath

ISLAMABAD: Supreme Court has reserved the judgment on the intra-court appeals by PCO judges against the SC’s February 02 verdict, in which it decided to frame contempt charge against these judges.

Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry said that now neglecting the judges having taken oath under PCO would mean returning back to the doctrine of necessity.

A six-member SC bench headed by the Chief Justice Iftikhar Muhammad Chaudhry was hearing the appeals of the PCO judges here today.

Attorney General submitted the reply to the SC query relating to the legal status of the PCO judges to which the Chief Justice said that the question, which was raised remained un-replied.

PCO Judge, Hamid Shah’s lawyer, Raza Kazim said that the government has endorsed his stance in its reply that action against the judges could be taken only under Article 209.

Khalid Ranjha, the lawyer of the Judge Iftikhar Hussain Chaudhry said that his client had in no way any information about the November 3 order.

PCO Judge Sajjad Shah’s lawyer, Sheikh Zameer also put forth arguments in supporting the stance that action against the judges of the superior courts could only be taken under Article 209.

Chief Justice in his remarks said that many had taken oath under PCO and even I had also done so and it was ratified by the Parliament. He said that if the PCO oath was not taken seriously, then God forbid, the situation might again arise when our judge would have to take such oath.

The Judges sitting here today have given tremendous sacrifices; they were kept in detention, we should not compromise on the situation, he said.