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Summary Four-member Supreme Court bench decided those who took oath under PCO cannot be regarded as judges.
While giving the verdict on intra-court appeals the court observed to pardon PCO judges tantamount to invoking doctrine of necessity. The apex court had issued the notices to 60 judges for ignoring the court order and abiding by the Provisional Constitutional Order of the then president Pervez Musharraf. Most of the judges sought court’s forgiveness, but justice Shabar Raza Rizvi, justice Hassanat Ahmed, justice Syed Hamid Ali Shah, justice Syed Sajjad Hussain Shah, justice Yasmeen Abbassi, and justice Jahanzeb Rahim decided to contest the matter in the court.The SC bench has decided to indict them and have asked the federal law secretary to de-notify them as judges. They have also been ordered to return their one year salaries as well. Additionally, they will face the charge of the contempt of court as ordinary citizens. Justice Jahanzeb went even to the extent of ordering the SC judges to appear in his court, but it was declared null and void by the Peshawar High Court.Punishment for contempt of court is 6 month imprisonment.
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