Alleged misconduct: Bar official files reference against serving SC judge

IHCBA general secretary accuses Justice Iqbal Hameed ur Rehman of ‘violation of oath’

ISLAMABAD: An office-bearer of the Islamabad High Court Bar Association (IHCBA) on Tuesday filed before the Supreme Judicial Council (SJC) a reference against a sitting judge of the Supreme Court.

In the reference, the IHCBA’s General Secretary Waqas Malik said the Supreme Court’s Justice Iqbal Hameed ur Rehman, who earlier served as chief justice of the Islamabad High Court (IHC), is allegedly accused of ‘misconduct’ and has ‘violated his oath of office’.

Referring to the recent verdict of the Supreme Court in an illegal appointments case, Malik maintained that the decision has left no scope for any other interpretation except that Justice Rehman has violated his oath of office, which is cognisable by the SJC. The SC on September 26 declared appointments made in the IHC since 2011 onwards as null and void, while ruling that these hiring were made without following the formalities of competitive process.

The apex court had observed that if the competent authority itself started cherry picking by deliberately ignoring and overlooking meritorious candidates in appointment, the image of the institution would be tainted beyond repair. The SC judgment has left no scope for “whimsical interpretation regarding the role of former (IHC) chief justice Mr Justice Iqbal Hameed ur Rehman, who was mainly responsible for making these illegal appointments from time to time,” IHCBA official said in the reference.

Malik prayed to the SJC to proceed against Justice Rehman under Article 209 of the Constitution. He has also requested to restrain the respondent from performing his functions and duties as an SC judge till the final decision on the reference. On October 14, Malik also filed a separate reference against the IHC’s incumbent Chief Justice Muhammad Anwar Khan Kasi saying that the IHC top judge was allegedly accused of ‘misconduct’ and ‘violated his oath of office’.

Published in The Express Tribune, October 19^th, 2016.