Question of maintainability: Fast-tracking SJC work: top judge reserves ruling

CJP reserves ruling on appeal

ISLAMABAD: Chief Justice of Pakistan (CJP) Anwar Zaheer Jamali  reserved on Thursday its ruling on the maintainability of a constitutional petition which requested the Supreme Court to order the Supreme Judicial Council (SJC) to swiftly dispose of complaints against superior court judges.

The petition was filed by chairman of the human rights committee of the Pakistan Bar Council Raheel Kamran Sheikh on April 30 this year.

On May 6, the SC registrar’s office had returned the petition, terming it ‘frivolous’.

Later, the petitioner filed an appeal against the registrar’s objections through Munir A Malik.

Chief Justice of Pakistan (CJP) Anwar Zaheer Jamali took up the petition on Thursday after a gap of four months in his chamber.

The applicant, Raheel Kamran Sheikh, appeared in person before the chief justice and reminded the CJP that being the chairman SJC, it would be inappropriate to hear this appeal.

He also submitted that it would be improper for any judge of the SC against whom any complaint or reference had been filed to hear and decide on the case.

However, the CJP rejected his contentions and asked him to argue the matter.

When the chief justice told him that SJC’s proceedings were held in-camera, Raheel stated that he was not seeking details of the proceedings, but only wanted to know the total number of complaints received against judges and the number of cases disposed of by the council since its formation.

Citing Article 19-A, he said that he had fundamental right to know how many complaints had been filed. After hearing the arguments, the CJ reserved judgment over the appeal against the registrar’s order.

The chief justice however told him that order will be conveyed to him after two days.

The petitioner also pleaded the SC to pass orders to restrain guilty individuals from performing their duties as judges in cases deemed appropriate by the SJC.

So far, the council has held several meetings and short-listed a few cases of misconduct against high court judges.

Show-cause notices were also issued to a few high court judges while one of them challenged the council’s proceedings against him.

Published in The Express Tribune, September 30^th, 2016.