Citizens delegation meets non-PCO judges of the Sindh High Court

Report prepared by People’s Resistance

Judges of Sind High Court who did not take oath under the PCO of Nov 3 were surprised when they gathered for dinner at one of their homes, where a large delegation of ordinary citizens — students, businessmen, accountants, corporate executives, journalists, and activists were waiting with flowers and cake to meet them.. This meeting was part of the campaign to let these judges know that the people of this country stand by them and are proud of their principled stand.

The citizens delegation covered the entrance of the judges residence with rose petals. As each judge entered, he was presented with a bouquet of flowers with his name on it, on behalf of the people. On learning what the bouquets were for, the flower-seller sent two bouquets with love on his own account, said one of the citizens. Members of the delegation were receiving messages from all over Karachi as well as other cities asking them to convey their heartfelt gratitude to the non-PCO judges.

As each judge entered, the citizens delegation gave them a standing ovation and enthusiastic applause. A student from the Lahore University of Management Sciences (LUMS) had flown in especially for the occasion with a letter for each judge from his fellow alumni and students explaining their support. “For giving us this glimmer of hope, this tangible inspiration, this possibility of change, we thank you, ended the letter. “For your courage and resolve, for your steadfastness, for your selflessness, we salute you. For carrying on the struggle and showing all of Pakistan what a principled stand really means, we congratulate you.

The average experience of the PCO-judges in the higher judiciary is about a year and a half, it ensued during the following informal discussion. This was found to be unprecedented. By comparison, the judges who did not take oath average some ten years of judicial experience.

The judges particularly appreciated the principled stand of their colleagues who had only recently been elevated from the District Courts, and of Justice Rehmat Hussain Jaffery, who was due to retirement this November but did not take oath despite being offered a position in the Supreme Court.

To a question about what was different this time considering that many judges had refused to take oath under previous martial laws, Chief Justice Sabihuddin pointed out that this time the number of such judges was far higher than ever before. Justice Zafar Sherwani pointed out that this time the judiciary did what the people expected them to do, which was to stand by the Constitution, rule of law and the principles on which this country was founded.

Members of the civil society reiterated their vow to never accept the PCO judges and their resolve to demand for reinstatement of the pre-PCO judiciary.


9 responses to “Citizens delegation meets non-PCO judges of the Sindh High Court”

  1. Oasis Avatar

    I think that addresses of non-PCO judges should be made public so that citizens across the country could thank them for thier courage. Will someone please come forward and do this on this blog.

  2. Guest Avatar

    Great. We ‘ll be honoring the supreme court judges in a likewise manner soon.

  3. pejamistri Avatar

    Teeth Maestro,
    Please let us know how the people from outside Pakistan can send flowers and gratitude to these honourable judges and if you have any such event in future, please do let us know before as well.
    I and several others would like to send flowers and cakes to our heros as well. Please guide us.

  4. pejamistri Avatar

    Please let us know when you will be honoring the supreme court judges.

  5. JZ Avatar

    We all would love to join you in any manner whatsoever when you plan to honor the judges again. We salute them.

    At this point, I would like to highlight another aspect of this situation. In the event of March 9 incident the judiciary got unprecedented prominence and the judges who refused oath under PCO were highlited, garlanded and eulogized – rightly so. However, we must not forget those highly brave and courageous judges who did exactly the same thing back in 2000 when the General President took over and the Oath of Judges 2000 was issued under which the judges were required to take fresh oath.

    At that time, media was not strong enough and judiciary was not in such prominence vis-a-vis its independence as it is today. Yet in those conditions, these men of conscience took the bold step and wrote history.

    The judges who defied back then when it was more difficult included CJ Justice Saeeduzzaman Siddiqui, Justice Mamoon Kazi, Justice Khalilur Rehman, Justice Nasir Aslam Zahid, Justice Wajihuddin Ahmad & Justice Kamal Mansur Alam (Supreme Court). Besides there were several High Court judges who took the same step.

    Let us all honor these brave men.

  6. Moin Avatar

    Can any one tell me (if possible by name) how many of the judges in Supreme Court as well as High Courts who did not take oath under November 2007 PCO, but had taken oath under January 2000 PCO.


  7. Aurangzeb Akbar Avatar
    Aurangzeb Akbar

    There were only two judges who despite the offer of the government did not take oath in November of 2007.They were Iqbal Hameed and Siar Ali. The first one was of average competence while the other one was more conversant with literature than law and had only a few months had left for his retirement.

  8. Aurangzeb Akbar Avatar
    Aurangzeb Akbar

    Real motive of Supreme Court behind issuance of contempt notice to PCO judges on 5th October 2009

    Chief Justice Iftikhar Chaudhry and his 13 cronies have taken oath under PCO I of 2000. All of these judges violated the Constitution of Pakistan in order to save their job. Iftikhar Chaudhry was himself a member of the bench of the Supreme Court which validated the Provisional Constitution Order of 2000 in Zafar Ali Shah’s case Almost all the Judges who occupy the Supreme Court building today had themselves accepted the PCO at a time when a constitutionally elected prime minister was sacked and his cabinet and government along with the National and the Provincial Assemblies were packed up. There is absolutely no justification for such judges to issue contempt notices to their fellow judges for taking oath under a subsequent PCO on the pretext of a so-called order passed by seven member bench of the Supreme Court. The fact of the matter is that such bench was never legally constituted and the seven judges who seemingly passed the order had in fact done so in order to once again save their jobs since they were not offered the oath under the PCO in 2007. The 14 member bench of the present Supreme Court by issuance of such contempt notice through order dated the 5th of October 2009 has fully exposed the double standards of these judges. According to these judges oath of PCO is justified when it comes to saving their job but in similar circumstances such oath by other judges becomes contempt of court. The 14 member bench is trying its level best to deny the opportunity of hearing to the fellow judges by putting them under constant fear and threat of contempt proceedings since the bench is apprehensive that their double standards and hidden motives may not unmask the real face of the so-called independent judiciary. These 14 schemers must know that ‘what's good for the goose is good for the gander’ and any discrimination in dispensation of justice shall not remain camouflaged for long. The following verse of Holy Quran is of immense relevance:-

    And they schemed, and Allah schemed (against them): and Allah is the best of schemers.

    The above verse of Surah Âl 'Imran (3:54) very aptly explains the fate of the schemers. Surely all such schemers shall soon meet their doom and Chief Justice Iftikhar Chaudhry and his collaborators shall be no exception.