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Update @ 1723: Observations after meeting the Non-PCO Judges

Members of civil society, lawyers, business persons, doctors and womens rights and human rights ativists met with Judges who have not taken oath under the PCO to express solidarity and show support

Following is a summary of this meeting.

Treatment of Judges

  1. Guards were taken away the same night that emergency was declared. (Saturday 3rd November) and PCO was imposed on Judiciary and Press.
  2. On Sunday PCO Judge Muneeb went to court and ordered the Protocol officer to have all the judges who have not taken the oath to immediately remove their belongings from their chambers. At the same time orders had also been passed that their official cars will not be allowed into the High Court premises. Their belongings were dumped into sheets and were taken to their houses by their peons and Daftaris.
  3. The night MLO was imposed by the Chief of the Army Staff, 20 judges went to meet Chief Justice Sabihuddin Ahmed at his residence. Of all the judges, PCO Judge Allah Dino Metlo and Mehmood Rizvi were very vocal in their support for the unity of the judges and remained with the CJ till 11 pm, they assured that they will not take oath under MLO (PCO). The next morning Memood Rizvi took the oath and on the following day Justice Metlo took oath.
  4. While the Chief Justice was in meeting with the judges, the Governor of Sindh called and threatened that meeting be disbanded immediately. CJ Sindh, responded that he is under constitutional duty to advise judges to follow the Order of the Honorable Supreme Court, suspending the PCO, the Governor banged the phone.
  5. Immediately thereafter, armed personal surrounded the house of Chief Justice and dismantled the security tent and forced the drivers of the honourable judges to report immediately to the head quarter they roughed up the judges and drove them out of the house of CJ and put him under house arrest.
  6. Chief Justice is under house arrest, no formal orders of house arrest have been passed.
  7. All judges, who did not take oath under PCO (infact it is Martial Law Order), assembled and proceeded to High Court at 8.30 AM, to attend their court work but were stopped at the entrance gate by the armed personals and were forced to return.
  8. The judges are being threatened that if they do not take the oath they will loose their pension and privileges and they will not be allowed to practice in the High Court.
  9. On 5th November 2007 Honourable Chief Justice was brought to the House of Justice Mushir Alam in police custody to attend the funeral of his sister in law, but he was not allowed to go to the grave yard.
  10. A two pronged approach of inducements and threats is being used. They are being told that they should take the oath for the sake and in the larger interest of the judiciary.
  11. Chief Justice Sabihuddin, Justice Zaheer Jamnali and Justice ® Fakhruddin Ebrahims sons were arrested. However, they have now been released.
  12. Some judges have received calls from Brigadiers telling them to take the oath.

Observations

  1. Due to the absence of all experienced judges the province wide administrative work of the judiciary is bound to collapse/ suffer.
  2. There is no judge in SHC who have no basic knowledge and or experience to attend, Constitutional, Taxation, Corporate, Building Control, land matters, Intellectual Property, Constitutional cases.
  3. The PCO CJ of Sindh High Court, Afzal Soomro, has serious health problems. He had suffered a nervous breakdown two years ago and since then has been seriously handicapped. It is quite well known fact that he just sits on the bench with another judge as a silent spectator. Matter of judicial incapacity was pending before the Supreme Judicial council. He was issued notice by the Council and CJP advised him to seek resignation and get pension, but before it could materialize the PCO debacle took place. It seems the Government has found an ideal candidate for the post of a rubber stamp CJ..
  4. There are reports that at least 3 PCO Judges are reporting to the Governor House on a daily basis. Staff from the Governor House and members of a political party are virtually running the Sindh High Court. In clear violation of an earlier decision of the High Court to not visit the Governor House and also that in future no High Court Judge will act as acting Governor.
  5. Judges on the 7 member bench conducting inquiry into the May 12th incident have received threatening letters at their residence besides severe threat to their life and lives of their family members. A common threat is that order for coffins of their size has been placed.
  6. Driver of one of the judges was asked to report to the High Court when he was bringing children from the school. Now the Justice Mushir Alam is driving his children to and back to school.
  7. Amendments have been made in the Army Act to bring in a provision to enable the Army to detain civilians and try them in Army courts.
  8. Strong rumors that the all the Bar Councils will be dissolved and lawyers will be enrolled under a fresh setup under the PCO Judges. This is a move to create a new cadre of PCO lawyers?

4 Comments

  • Anam |

    Spelling correction: It is humbly requested that his name is Justice Anwar Zaheer Jamali.

    Surprised and happy that such detailed confidential news is available on the net as it leads to public awareness and increased support for these judges.

    P.S anonymity requested :)

  • chacha |

    The decision of the court in CONSTITUTION PETITION NO. 08 and 09 OF 2009, summarily removed all justices of higher judiciary who were not part of it as on November 2, 2007. There removal was so ordered on ground that advice of de-jure Chief Justice of Supreme Pakistan was not obtained in these cases. In the same decision the court had held the de-jure Chief Justice between the period of November 3, 2007 and March 22, 2009 was Justice Chaudhry.

    There were three groups of these removed justices.

    * Those who were elevated to higher courts and initially took oath on PCO.

    * Those who were elevated to higher courts after restoration of constitution, and were appointed by General Pervez Musharraf.

    * Those who were elevated to higher courts after restoration of constitution, and were appointed by Asif Ali Zardari.

    The Supreme Court bench that handed out the decision in constitutional petition no, 08 and 09 of 2009, consisted of justices all of whom had taken oath on PCO of 1999 themselves, while already being sitting justices of higher judiciary and have taken constitutional oath. This PCO of 1999 and decision subsequently made on basis of this PCO, were given constitutional protection by 17th amendment.

    This decision have resulted in situation where:

    1. Newly appointed justices who never took any sort of oath on any PCO have been removed.

    2. Sitting justices who took oath on PCO 2007 are still acting as justices, though their cases are to be sent to Supreme Judicial Council.

    3. Sitting justices who accepted reappointed and took oath from Justice Dogar as still acting as justices of court with no action.

    4. Justices who took oath on PCO of 1999 are still functioning as justices of higher judiciary.

    Critics of the decision hold position that PCO Judges are still working and non PCO judges have been sacked, packed and sent home. The name of these judges who took oath under the constitution are as under:-

    1. ) Mr. Justice Pervez Ali Chawla

    2. ) Mr. Justice Habib Ullah Shakir

    3. ) Mr. Justice Nazir Ahmed Ghazi

    4. ) Mr. Justice Abdul Sattar Goraya

    5. ) Mr. Justice Syed Ihtasham Qadir Shah

    6. ) Justice Ms. Jamila Jahanoor Aslam

    7. ) Mr. Justice Mahmood Akhtar Khan

    8. ) Mr. Justice Jamshed Rahmat Ullah

    9. ) Mr. Justice Pervez Inayat Malik

    10. ) Mr. Justice Arshad Mahmood

    11. ) Mr. Justice Irfan Qadir

    12. ) Mr. Justice Syed Zulfiqar Ali Bukhari

    13. ) Mr. Justice Ch. Naeem Masood

    14. ) Mr. Justice Anwar-ul-Haq Pannu

    15. ) Mr. Justice Muhammad Shafqat Khan Abbasi

    16. ) Mr. Justice Imtiaz Rasheed Siddiqui

    17. ) Mr. Justice Bin Yamin

    18. ) Mr. Justice Khalid Ali Z. Qazi

    19. ) Mr. Justice Salman Ansari

    20. ) Mr. Justice Abdul Rehman Farooq Pirzada

    21. ) Mr. Justice Abdul Rasheed Klwar

    22. ) Mr. Justice Zafar Ahmed Khan Sherwani

    23. ) Mr. Justice Syed Mehmood Alam Rizvi

    24. ) Justice Ms. Soofia Latif

    25. ) Mr. Justice Maqbool Ahmed Awan

    26. ) Mr. Justice Safdar Ahi Bhutto

    27. ) Mr. Justice Moharram G. Baloch

    28. ) Mr. Justice Malik Muhammad Aqil

    29. ) Mr. Justice Syed Shafaqat Ali Shah Masoomi

    30. ) Mr. Justice Muhammad Iqbal Mahar

    31. ) Mr. Justice Khadim Hussain M. Sheikh

    32. ) Mr. Justice Muhammad Ismail Bhutto

    33. ) Mr. Justice Arshad Siraj Memon

    34. ) Mr. Justice Aamir Raza Naqvi

    35. ) Mr. Justice Muhammad Karim Khan Agha

    36. ) Mr. Justice Salman Talibuddin

    37. ) Mr. Justice Shaji Rehman Khan

    38. ) Mr. Justice Ghulam Mohayuddin Malik

    39. ) Mr. Justice Ziauddin Khattak

    40. ) Mr. Justice Syed Mussaddiq Hussain Gilani

    41. ) Mr. Justice Syed Yahya Zahid Gilani

    42. ) Mr. Justice Muhammad Alam Khan

    43. ) Mr. Justice Mazhar Hussain Minhas

    44. ) Mr. Justice Muhammad Ashraf Bhatti

    45. ) Mr. Justice Rana Zahid Mehmood

    46. ) Mr. Justice Kazim Ali Malik

    47. ) Mr. Justice Hafiz Tariq Nasim

    48. ) Mr. Justice Khalil Ahmad

    49. ) Mr. Justice MA Zafar

    50. ) Mr. Justice Malik Saeed Ejaz

    51. ) Mr. Justice Syed Shaheen Masud Rizvi

    52. ) Mr. Justice Ali Akbar Qureshi

    53. ) Mr. Justice Muhammad Ahsan Bhoon.

    The aforesaid 53 judges have never ever taken oath under the PCO. They have been ousted and this aspect of the decision has been declared to be a fight between post November 3 PCO judges and post October 12 PCO judges which has resulted in ouster of judges who took oath only under the Constitution of Pakistan and never ever under the PCO.