ISLAMABAD: A constitutional petition has been filed in Supreme Court of Pakistan seeking orders for expeditiously disposing of the complaints and references against superior court judges pending in Supreme Judicial Council (SJC).
Chairman Rules and Human Rights Committee of Pakistan Bar Council Muhammad Raheel Kamran Sheikh while making Chairman SJC as respondent on Saturday filed petition wherein he also requested the top court to issue directions for disclosing the total number of complaints as well as disposal ratio since its constitution.
“The court may be pleased to direct SJC to make public disclosure of the total number of references/complaints filed before it since its constitution, in how many cases proceedings were initiated, how many were dropped after consideration and how many complaints have become infructuous,” prayed the petition filed under Article 184(3) of the Constitution.
The petition also prayed the top court to consider and pass orders restraining persons performing their duties as judges of the Supreme Court and High Courts in all case where SJC deems it necessary and appropriate.
Through the enactment of Article 209, SJC was established to inquire into allegations leveled against superior courts’ judges for either alleged misconduct, or an inability to perform their duties for reasons of mental or physical incapacity. However, it is the first ever constitutional petition of such nature filed against SJC.
The petitioner contended for consideration of the queries related to public importance with reference to the enforcement of fundamental rights enshrined Articles 9, 10A and 19A
“It is noted with great distress that SJC has been barely functional since its establishment. Notwithstanding the position that every citizen has a fundamental right to have access to information in all matters of public importance, as guaranteed by Article 19A of the Constitution, however, the basic information regarding the total number of References and current status of those has not been disclosed by SJC,” the petition stated.
It further contended that besides violation of Article 19A such also leads to an apprehension of violation of other fundamental rights of the citizens including the right to fair trial and the right to due process, as embodied in Articles 10A and 9.
The petition also indicated that the issues of pendency and non-disclosure has been repeatedly raised by Pakistan Bar Council and in this connection a resolution was adopted questing the SJC to decide pending references without any further delay.
The petition expressed serious reservations of legal fraternity and citizens over the inoperativeness, dysfunction and silence of SJC.
“To say that judges must be independent enough to render impartial justice and resist intimidation is not to say that they must be so independent as to be unaccountable, for judicial accountability is a cardinal principle of any system of the administration of justice, as it is one of the many ways the judiciary can secure its independence,” the petition read.