District judge accuses SC of 'misuse' of authority
09 October, 2013
ISLAMABAD: Submitting a preliminary written reply in a contempt case against him for summoning Supreme Court (SC) Registrar Dr Faqir Hussain for his alleged association with SAIFCO, a firm culpable for dealing in narcotics, CNS Peshawar special judge has contended that contempt proceedings against him had portrayed and conveyed a very drastic and dangerous message to each and every judge of district judiciary.
A two-member bench of the SC, headed by Justice Chaudhry Ijaz Ahmad, on October 2 heard the contempt case against CNS Peshawar Special Judge Muhammad Azim Khan Afridi, who on September 27 had summoned the SC registrar on October 3 due to his links with a firm culpable for dealing in narcotics, as well as using scandalous language against the SC.
On Monday, the court had suspended Azim Khan Afridi's order against the SC registrar and issued a contempt notice to the judge for using derogatory language against the Supreme Court as well as the Judicial Commission of Pakistan.
As the SC will resume the hearing tomorrow (Thursday), the CNS special judge stated that the Judicial Commission chairman and any of its members, in that capacity, were neither courts nor judges nor honourable within the meaning of Article 204 of the constitution.
He also alleged that the Judicial Commission secretary (Dr Faqir Hussain) had utilised the HR Cell of the Supreme Court of Pakistan like PS ANF Peshawar used for exploiting innocent and shielding guilty.
The CNS special judge has also alleged that the SC is prima facie aimed at providing undesirable and illegal shelter and protection to the culpability of the said entity as suspension of notices in totality were not warranted by the law.
"Attracting the provisions of Article 204 of the constitution on the basis of worthy order dated 28.9.2013 passed by the Hon'ble Chief Justice of Pakistan is beyond the mandate of the said worthy orders and as such the impugned orders of issuance of notice of contempt on the basis of the said worthy orders is, ostensibly, excess of authority...", he said.