PESHAWAR, Oct 26 Two judges of the Peshawar High Court, Justice Said Maroof Khan and Justice Hamid Farooq Durrani, who were issued contempt of court notices by the Supreme Court of Pakistan, have opted for premature retirement.

Official sources said the two judges had submitted their applications with the PHC registrar, which would be sent to the federal law division for submission to the president.

Various other judges of superior courts, who were served contempt of court notices, have already either resigned or opted for early retirement.

The Supreme Court had on Oct 14 served contempt of court notices on three judges of the Peshawar High Court for violating the Nov 3, 2007, order of a seven-member bench of the apex court.

Sources close to the third judge, Justice Jehanzeb Raheem, said he had decided to contest the case and would neither resign nor apply for early retirement.

Justice Jehanzeb, who is fourth on seniority list of the judges of the high court, had earlier filed a review petition against the July 21 verdict of the Supreme Court, but it was dismissed by a 14-member bench of the Supreme Court on Oct 13.

In the contempt notices issued to the judges, relevant portions of the Oct 13 judgment of the Supreme Court have been mentioned.

The notice states “Notice is, therefore, given to you as contemplated under Article 204 of the Constitution of Pakistan read with sections 3 and 4 of Contempt of Court Act, 1976 or any enabling provisions of the relevant law for violating the order dated 03.11.2007 of this court.”

It is learnt that Justice Said Maroof (fifth on the seniority list of judges) and Justice Hamid Farooq (sixth on the seniority list) have requested that they should be declared retired prematurely.

Cases were fixed before benches comprising the two judges on Monday, but they opted not to hear these cases.

The two judges were appointed additional judges of the high court on March 4, 2006, and were confirmed as judges of the court after a year.

Both the judges enjoy respect among legal circles here. Justice Said Maroof had served on key judicial posts before his elevation to the high court. He had served as district and sessions judge in different districts and was the first judge appointed as presiding officer of accountability courts in the NWFP in 1999.

Justice Hamid Farooq was a member of the bar and had served as deputy attorney general of Pakistan in Peshawar. He is considered a competent and honest person.

Justice Jehanzeb belonged to the bar and had served as president of the PHC Bar Association. He was the NWFP advocate general when he was elevated as additional judge of the high court on March 1, 2005, and after a year he was confirmed as a judge of the high court.

With the retirement of the two judges, 11 judges will be left in the high court. Justice Jehanzeb is already on leave and the senior-most judge of the high court, Justice Shahjehan Khan Yousafzai, has been on leave since he was superseded and Justice Ejaz Afzal Khan was appointed PHC Chief Justice with effect from Oct 20.

Presently, only nine judges have been performing their functions -- four are serving in the circuit benches at Abbottabad and Dera Ismail Khan and five at the principal seat in Peshawar.