Supreme Court. PHOTO: EXPRESS/FILE
Raza Kazim, the counsel for the LHC judge, moved an appeal in the apex court on Thursday against the registrar’s May 3 order.
Justice Amir Hani Muslim will hear the appeal in his chamber. The SJC served a show-cause notice on the LHC judge on April 19 under sub-para (1) of para 9 of the SJC’s Procedure of Enquiry, 2005, for an alleged misconduct. The council directed the judge to submit a reply within 14 days.
In response, the LHC judge filed a constitutional petition in the top court against the SJC’s notice and all proceedings that led up to the council’s action. But the SC registrar returned the petition on Tuesday after raising four objections over the plea.
In his petition, the LHC judge submitted that security, inviolability and the independence of the superior court judges particularly for the exercise of discretion in accordance with freedom of thought and opinion is at stake.
The appeal stated that the period provided to the applicant (high court’s judge) to respond to the show-cause notice that expired on May 4, therefore, the matter was of great urgency to him as well as the whole superior judiciary.
Claiming that the 13 judges of the apex court had already declared that SJC proceedings “may be subject to judicial review before the court”, the LHC judge also challenged the constitutional and legal validity of the SJC’s Procedure of Enquiry, 2005, urging the court to strike it down.
“The SJC’s Procedure of Inquiry, 2005, has neither constitutional authority nor delegated authority and the existing procedure is only in the nature of administrative guidelines,” the judge argued.
Published in The Express Tribune, May 8th, 2016.
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