ISLAMABAD, May 18 (APP): All serving PCO judges will not be judges of the High Courts under the Constitution since April 20, 2010, the day when 18th Amendment was approved, said Supreme Court of Pakistan in its verdict, announced on Wednesday, over PCO judges’ intra-court appeals.The six-member bench of the Supreme Court, headed by Chief Justice Iftikhar Muhammad Chaudhry announced this verdict while dismissing the intra-court appeals (ICAs) filed by six PCO judges, including Justice Yasmin Abbasi of Sindh High Court, Justice Shabbar Raza Rizvi, Justice Hasnat Ahmad Khan, Justice Hamid Ali Shah, Justice Sajjad Hussain Shah of Lahore High Court and Justice Jahanzeb Rahim of Peshawar High Court.
According to the judgment, the PCO judges had committed contempt of court by taking oath under the Provisional Constitution Order (PCO) initiated by former president Pervez Musharraf on Novermeber 3,2007.
The apex court said,”the appellants are no more judges and there will be contempt proceedings against them under Article 204 of the Constitution,if ultimately they are found to be guilty for the contempt of court by this court,” adding that all the perks and privileges received by the judges during the last one year had to be returned.
They will not remain on their posts with effect from April 20, 2010 as parliament has not ratified PCO judges in 18th Amendment, the court further adjudged.
The court also asked the Federal Government to notify PCO judges about their termination in this regard.
It is pertinent to mention here that these PCO judges filed intra-court appeals in the Supreme Court against February 2, 2011 ruling of the court against them and the SC reserved its judgment on April 4.
Earlier, a four-member bench of the Supreme Court, headed by Justice Mahmood Akhtar Shahid Siddiqui, on February 2 had announced its verdict on law points as to whether it could initiate contempt proceedings against the judges who had taken oath under the PCO in defiance of a restraining order by a seven-member bench of the Supreme Court on November 3, 2007.
The Supreme Court declared Musharraf’s Nov 3, 2007 steps in its July 31, 2009 verdict as unconstitutional.
The apex court said,”the appellants are no more judges and there will be contempt proceedings against them under Article 204 of the Constitution,if ultimately they are found to be guilty for the contempt of court by this court,” adding that all the perks and privileges received by the judges during the last one year had to be returned.
They will not remain on their posts with effect from April 20, 2010 as parliament has not ratified PCO judges in 18th Amendment, the court further adjudged.
The court also asked the Federal Government to notify PCO judges about their termination in this regard.
It is pertinent to mention here that these PCO judges filed intra-court appeals in the Supreme Court against February 2, 2011 ruling of the court against them and the SC reserved its judgment on April 4.
Earlier, a four-member bench of the Supreme Court, headed by Justice Mahmood Akhtar Shahid Siddiqui, on February 2 had announced its verdict on law points as to whether it could initiate contempt proceedings against the judges who had taken oath under the PCO in defiance of a restraining order by a seven-member bench of the Supreme Court on November 3, 2007.
The Supreme Court declared Musharraf’s Nov 3, 2007 steps in its July 31, 2009 verdict as unconstitutional.