ISLAMABAD: The Supreme Court on Wednesday reserved its verdict on identical pleas of serving judges of Islamabad and Lahore High Courts, seeking trial of references of misconduct against them in an open court.
A five-member larger SC bench, comprising Justice Sheikh Azmat Saeed, Justice Mushir Alam, Justice Maqbool Baqar, Justice Sardar Tariq Masood and Justice Mazhar Alam Khan Miankhel, was hearing pleas of IHC Justice Shaukat Aziz Siddiqui and LHC’s Justice Muhammad Farrukh Irfan.
The proceedings on the references of misconduct against the two judges are being conducted by the Supreme Judicial Council (SJC) in-camera. Both the judges had requested the SJC to stop in-camera proceedings, however, the SJC rejected their pleas.
Makhdoom Ali Khan, senior counsel for Justice Siddiqui, submitted before the court that the SJC rules were in violation of the constitution.
He contended that the Council was only empowered to make the code of conduct, not laws. He recalled that in the past an inquiry was held against a judge for admonishing a DSP, adding that the judge resigned from his office, but media reports attributed his resignation to corruption.
He argued that the trial should be held in an open court, so that the truth could come before the public. The judges noted that proceedings of the trial were conducted in-camera for the protection of the conduct of the judge.
Hamid Khan, senior counsel for Justice Irfan, argued that there should be open court trial of the judges where they should be given an opportunity to defend themselves.
He said review plea could not be filed against the decision of the SJC. He said the proceedings were also underway against a member judge of the SJC, adding that any member judge facing trial could not become a part of the SJC.
Attorney General Ashtar Ausaf Ali stated that the SJC was not a court, thus it does not determine basic rights. He said SJC was a constitutional body. He said SJC proceedings cannot be termed as a trial, instead it is an inquiry.
Senior lawyers Shahid Hamid and Munir A Malik, who appeared as amicus curiae, also suggested that references against judges should be heard in an open court. After hearing all the sides, the court reserved its verdict.
The SJC had issued a show-cause notice to Justice Siddiqui on February 15, 2017, and on October 10, 2017, it had decided to record evidence against the judge in the first week of November.
Meanwhile, Justice Siddiquie moved the Supreme Court against the order passed by the SJC, praying the apex court to declare the SJC’s order null and void as it was passed without lawful authority.
He has also requested the court to suspend the SJC proceedings against him till a decision was made on his petition, besides requesting for an open trial in his matter. Justice Farrukh Irfan has also sought open court trial against him.
At present, the SJC is hearing four references filed against Justice Mazhar Ali Naqvi and Justice Farrukh Irfan of Lahore High Court and Chief Justice Muhammad Anwar Khan Kasi and Justice Shaukat Aziz Siddiqui of Islamabad High Court.
A reference against Justice Muhammad Anwar Khan Kasi, sitting Chief Justice of Islamabad High Court related to illegal hiring of his own brother and 74 other individuals is still pending with the SJC.
Similarly, two references against Justice Shaukat Aziz Siddiqui, one pertaining to misuse of authority for personal gains and other involving misconduct when he addressed a lawyers’ general body meeting were filed with the SJC are still awaiting decisions.
The SJC had been established in 1962 under Article 209 of the Constitution to inquire into allegations leveled against the judges of the superior courts over misconduct or an inability to perform their duties for reasons of mental or physical incapacity.
The council has conducted its proceedings in-camera since 1962 as per its rules.
Published in Daily Times, March 29th 2018.