Affected SHC judges to file review petition in SC today

Two Sindh High Court (SHC) judges, who have been affected by the Supreme Court’s (SC) judgment on the November 3 [2007] Provisional Constitutional Order (PCO), are going to file review petitions before the SC.

“The review petitions on behalf of Justice Mrs Yasmeen Abbasey and Justice Nadeem Ahzar Siddiqui could not be filed on Thursday in the SC due to want of time,” advocate-on-record Mazhar B. Chohan told The News. “They will, however, be filed on Friday.” The counsel further said that review petitions of three more judges are likely to be filed on Saturday.

SHC judges who took oath under the November 3 PCO believed that they were “discriminated against and condemned unheard” by the SC in the judgment. Justice Mohammad Afzal Soomro had taken oath as SHC chief justice soon after the proclamation of emergency and the imposition of the PCO on November 3, 2007, while Justice Munib Ahmed Khan, Justice Mrs Qaiser Iqbal and Justice Mrs Yasmeen Abbasey had taken oath as SHC judges. Justice Ali Sain Dino Maitlo and Justice Nadeem Azhar Siddiqui, along with two other additional SHC judges, took oath under the PCO on November 4, 2007.

These judges were not assigned cases after the SC’s order, and were of the view that they were constitutionally appointed judges and their appointment and confirmation was not challenged in any petition that was heard by the larger bench of the SC, sources said. They added that judges who took oath under the PCO were of the opinion that equitable relief was not given to them in the SC’s judgment and that, they were not allowed to defend or present their point of view before the larger bench.

Corruption reference: Meanwhile, Justice Afzal Soomro, sent a reply to the corruption reference being proceeded against him by the Supreme Judicial Council (SJC) and denied all allegations. Justice Soomro submitted that the reference against him was baseless and there were contradictions in the statements of the witnesses. He said that the reference does not fulfill constitutional requirement either, and that, he was willing to appear before the SJC if the council felt the need to examine him.