CONTEMPT NOTICE ISSUED BY MR. JUSTICE M. A. SHAHID SIDDIQI TO
I received this from Beena Sarwar with a request to circulate widely. This could be seen as another step in the continuing struggle for the restoration of democracy. It can also be seen as the last salvo and rear guard action by those opposed to the occupying army.
The litmus test is the greed of those who have been out of the power corridors for the past decade. If their greed overwhelms the national interest - if they participate in the elections then this would be the last hiccup of the old order.
The next few days will tell.
CONTEMPT NOTICE ISSUED BY MR. JUSTICE M. A. SHAHID SIDDIQI TO REGISTRAR LAHORE HIGH COURT LAHORE.
ORDER
30. 11. 2007
The Registrar of this Court through letter dated 16th November 2007 has requested me to vacate my official residence i.e. 14 – Tollinton Road, GOR – 1, Lahore. It has been written after the issuance of Proclamation of Emergency and the Provincial Constitution Order 2007. This communication is wholly illegal, totally in defiance to constitutional provisions and even against the normative values of decency.
1. I am clear in my mind that Lahore High Court holds its very existence to the Constitution of Islamic Republic of Pakistan, 1973 which embodies the will of the people. Needless to say that the Constitution of a country is always considered as the supreme and sacred law of the land. It cannot be allowed to be abrogated, held in abeyance or violated under any prete t specially by those who have taken the oath to preserve, protect and defend it.
2. In view of the above, the Proclamation of Emergency and the Provincial Constitutional Order 2007 being in sheer abuse of powers are of no legal consequence as had been declared immediately after its promulgation by the Supreme Court of Pakistan existing under the Constitution. The mandate is binding upon the Judges of all the High Courts and all officials performing their functions under the law. Any infraction, violation or deviation from that order will amount to serious contempt of Court for which a deviant official will be liable and likely to be punished. The issuance of above letter appears to be an attempt to intimidate and overawe the Judges who have not surrendered to the Chief of Army Staff. I, therefore, as a sitting Judge of the Lahore High Court direct the Registrar of this Court to explain as to why and at whose instance he issued this letter asking me to vacate my official residence. The reply shall be submitted within a month.
The litmus test is the greed of those who have been out of the power corridors for the past decade. If their greed overwhelms the national interest - if they participate in the elections then this would be the last hiccup of the old order.
The next few days will tell.
CONTEMPT NOTICE ISSUED BY MR. JUSTICE M. A. SHAHID SIDDIQI TO REGISTRAR LAHORE HIGH COURT LAHORE.
ORDER
30. 11. 2007
The Registrar of this Court through letter dated 16th November 2007 has requested me to vacate my official residence i.e. 14 – Tollinton Road, GOR – 1, Lahore. It has been written after the issuance of Proclamation of Emergency and the Provincial Constitution Order 2007. This communication is wholly illegal, totally in defiance to constitutional provisions and even against the normative values of decency.
1. I am clear in my mind that Lahore High Court holds its very existence to the Constitution of Islamic Republic of Pakistan, 1973 which embodies the will of the people. Needless to say that the Constitution of a country is always considered as the supreme and sacred law of the land. It cannot be allowed to be abrogated, held in abeyance or violated under any prete t specially by those who have taken the oath to preserve, protect and defend it.
2. In view of the above, the Proclamation of Emergency and the Provincial Constitutional Order 2007 being in sheer abuse of powers are of no legal consequence as had been declared immediately after its promulgation by the Supreme Court of Pakistan existing under the Constitution. The mandate is binding upon the Judges of all the High Courts and all officials performing their functions under the law. Any infraction, violation or deviation from that order will amount to serious contempt of Court for which a deviant official will be liable and likely to be punished. The issuance of above letter appears to be an attempt to intimidate and overawe the Judges who have not surrendered to the Chief of Army Staff. I, therefore, as a sitting Judge of the Lahore High Court direct the Registrar of this Court to explain as to why and at whose instance he issued this letter asking me to vacate my official residence. The reply shall be submitted within a month.
posted by temporal at 12/03/2007
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