Justice (rtd) Dogar denies charges

Updated at: Tuesday, October 27, 2009

ISLAMABAD: Former Chief Justice Supreme Court Justice (rtd) Abdul Hameed Dogar Tuesday said no judges including him has committed the contempt of court.

Addressing a press conference flanked with Advocate Naeem Bukhari and Ahmed Raza Kasuri, he said, ‘We received notice that we have committed the contempt of court by going against the verdict of 7-strong bench on November 3.’

‘We have filed a petition today under Article-184, clause-3 to challenge the restoration of existing four judges, i.e. Justice Javed Iqbal, Justice Khalil Ramday, Justice Raja Fayyaz and Justice Chaudhry Ijaz,’ he informed.

Referring to the case of Justice (rtd) Zafar Ali Shah, Justice (rtd) Dogar said in accordance with the verdict of 12-judge bench, it was made obligatory to take oath under the PCO, so that the system and judiciary could be safeguarded, country be protected and the security forces be helped.

No bench can stop any judge from Supreme Court or the High Court from taking oath, as the Zafar Ali Shah case verdict is still valid, he maintained adding, ‘No contempt of court is possible by going against the verdict of 7-member bench of November 3, as we were not aware of the verdict of seven-judge bench on November 3, accordingly, the contempt of court by judges including me is out of question.’

Justice (rtd) Abdul Hameed said, ‘This was underscored in the notification regarding the restoration of the deposed judges that after my retirement on March 21, Chief Justice of Pakistan Justice Iftikhar Muhammed Chaudhry would assume the office on March 22; this is an abundant proof of the fact that the present judiciary did not object to it and accepted my appointment as Chief Justice.’

He stressed that there is no reference in the Constitution regarding the reinstatement of the judges through an administrative order.