SC decides to proceed against PCO judges

Tribune

ISLAMABAD: The Supreme Court on Wednesday in its verdict on a set of appeals filed by a number of dysfunctional and retired judges of superior judiciary said that the apex Court would proceed against them by framing contempt charges on February 21 as they had taken oaths under the annulled Provisional Constitutional Order (PCO) of November 3, 2007 in defiance of a restraining order by a seven member bench.

The verdict was announced by Justice Mahmood Akhtar Shahid Siddiqui, who was heading the four member bench.

The order said that the case would be fixed for framing of charges against the respondent judges on February 21.

The respondents, if they so desire appear on that date to enter their pleas on the charges framed or if they choose, enter their pleas through counsel, it added.

The bench, however, dropped proceedings against Justice Zafar Iqbal Chaudhry and Justice Khurshid Anwar Bhinder.

While in criminal miscellaneous plea of Justice Hasnat Ahmad Khan and Justice Syed Shabbar Raza Rizvi regarding issuance of contempt notices to former president Pervez Musharraf, former prime minister Shaukat Aziz and others who were instrumental in carrying out order of November 3, 2007, the bench noted that the case for contempt of court against these persons would have to answer was materially different from the charges to be faced by the respondents.

The bench holds that contempt alleged against these persons is primarily consequent to issuance of proclamation of emergency, PCO and oath of the office order 2007 and hereby launching an assault on the independence of the judiciary.

“It appears, prima facie, that these instruments were issued prior to the passing of the order dated 3.11.2007 and not in the disobedience of the same,” it added.

The bench further said that proceedings against these persons might proceed independently and on their own facts, either before this bench or before some other bench which may be determined by the Chief Justice of Pakistan.

All Pakistan Muslim League (APML) spokesman Barrister Saif said that the contempt of court notices issued by the Supreme Court is a frivolous attempt by some judges to act against their former colleagues and other people listed in the case.

Speaking to Express 24/7, the APML spokesperson said the Supreme Court decision clearly reflects political bias and that move has no legal foundation.

He said the Supreme Court has made this move to gain prominence after it was left with no option but to pursue the case without legal ground.

He said the APML will decide its course of action after a summons is issued to Pervez Musharraf.

A four-Judge bench of Justice Mahmood Akhtar Shahid Siddiqui, Justice Jawwad S. Khawja, Justice Khilji Arif Hussain and Justice Tariq Parvez will announce the verdict over issue of contempt proceedings against these judges.

The bench had reserved its verdict after conducting proceedings over the issue for more than three-months.

The bench was seized with hearing of the matter of contempt of court (determination of legal question/proceedings) against Justice retired Iftikhar Hussain Chaudhry, Justice Khurshid Anwar Bhinder, Justice Hamid Ali Shah,Justice Zafar Iqbal Chaudhry, Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza, Justice Yasmin Abbasey ,Justice Jehan Zaib Rahim, Justice Sayed Zahid Hussain, Justice (r) Abdul Hameed Dogar, Justice Syed Sajjad Hussain Shah,Justice (r) Iftikhar Hussain Chaudhry and Justice Syed Hamid Ali Shah.

After the judgment of July 31, the PCO judges were issued contempt of court notices for not obeying the Supreme Court’s restraining orders, and taking oaths under the PCO. However, at least 45 judges tendered unconditional apologies for taking oaths, but the rest of them decided to contest the notices issued to them.

Govt decides to trim cabinet size

Tribune
The government is yet to decide how many ministries will be devolved and the ministers who will be shown the door.

ISLAMABAD: A day after Pakistan Peoples Party’s core committee meeting, the government announced it would cut the size of the federal cabinet – a decision that has to be taken by June this year to implement the 18th Amendment.

Law Minister Babar Awan announced that the government has decided on “rightsizing” the cabinet to save expenditures. The decision was confirmed by both the Prime Minister  House and the President House, but reports of a cabinet dissolution were denied.

The number of ministries to be devolved is yet to be determined and which ministers will be shown the door.

Under the 18th amendment, the concurrent list was abolished and a number to subjects shifted to the provinces. The number of cabinet members has been fixed to 11 per cent of the total 442-member strength of parliament. A committee is already working for the implementation of the amendment.

The government has been under pressure to curtail government expenditures and plug corruption in order to save the already devastated economy from further deterioration. The main opposition party, Pakistan Muslim League-Nawaz, has been pressing the government to implement a reform agenda.

During the core committee meeting on Friday, members of the ruling PPP – most of whom are considered to be close associates of President Asif Ali Zardari  – discussed ways to handle growing pressure from political parties and the general public.

“President Zardari said we have to do something to come out of this pressure. it was decided that if any drastic decision is taken, it might have serious backlash within the party as those shown the door can react. Hence, it was decided that a step should be taken in line with the 18th amendment, so that nobody can raise objections,” a participant of the meeting told The Express Tribune.

The government plans to devolve 10 ministries by February this year, while around another eight will be devolved by June. Some of the ministries will be handed over to the provinces, while others will be merged. As a first step, the government is likely to slash the ministers of state – portfolios that have no significant powers under the rules of business, but a tag used to get perks and privileges as political bribe.

Meanwhile, spokesperson to the President Farhatullah Babar said that the core committee meeting decided to appoint a committee, comprising Minister for Water and Power Raja Pervaz Ashraf, Minister for Labour and Manpower and Religious Affairs Syed Khurshid Ahmed Shah, and Senator Mian Raza Rabbani, adviser to the PM, to resolve the KESC workers’ issue expeditiously.

The meeting reiterated the commitment of the party to stand by the working classes. It recalled that the in line with this commitment, the government had recently reinstated employees sacked in the past.

The spokesperson added that Interior Minister Senator Rehman Malik gave a detailed briefing on the law and order situation and the recent spate of targeted killings in Karachi. The minister explained various steps taken so far to restore normalcy in the city.

The meeting also decided that the expenses on the building of the Benazir Bhutto memorial in Islamabad will be borne by the party and public funds will not be used.  The president informed his party members meeting about his recent foreign visits and his talks with President Obama and other leaders. The president said appropriate steps should be taken to benefit from the offer made by the Bill Gates Foundation to provide free immunization services to people against various diseases, particularly polio.

Meanwhile, Finance Minister Dr Abdul Hafeez Shaikh said that the government has slashed the Public Sector Development Programme by Rs100 billion from the budgeted Rs280 billion and it will be reduced in coming days.

Shaikh was talking to the business community at the Federation of Pakistan Chambers of Commerce and Industry on Saturday.  He reiterated that the reformed general sales tax will document the economy and will also reduce inflation. Shaikh said that it is necessary to document the economy, otherwise “we cannot think of sustainable progress, as we do not have enough resources to meet our burgeoning expenses.  We also need to think about our rising security demands and the government needs to cater to this as a priority.”