Seeking open trial: SJC reserves decision over IHC judge’s plea

Attorney general says conduct of a judge cannot be openly discussed

ISLAMABAD: The Supreme Judicial Council (SJC) on Thursday reserved its ruling in a plea filed by a superior court judge seeking an open trial.

According to sources, Hamid Khan appeared on behalf of the judge, from the Islamabad High Court (IHC), while the attorney general opposed his plea for an open trail.

The attorney general submitted that the conduct of a judge could not be discussed openly and it was also better for the accused judges that proceedings be conducted in-camera.



“Similarly, proceedings of the Judicial Commission of Pakistan (JCP) on appointment of superior court judges are also held in-camera,” he said. After hearing arguments from both sides, the council reserved its decision which is likely to be announced in the next couple of days.

The sources said that the IHC judge also objected to the appearance of Maulvi Anwar Haq as special prosecutor in his case. He contended that under the law, the attorney-general or a senior law officer could conduct hearing. The attorney-general had already proposed a summary inquiry of the accused judges.



In a separate case, the council adjourned a plea filed by PTI spokesperson Fawad Chaudhry calling for the removal of NAB Chairman Qamar Zaman Chaudhry.

Faisal Chaudhry appeared on behalf of the complainant. However, the hearing was adjourned.

Presently, the SJC is hearing cases of alleged misconduct against five high court judges – two from the IHC, two from the Lahore High Court (LHC) and one from the Sindh High Court.

Wasim Sajjad is representing the other IHC judge. Khawaja Haris is pleading the cases of the two LHC judges while Munir A Malik is representing the SHC judge.

Interestingly, the council is trying judges after a gap of 47 years. The council has not initiated a trial of any high court judge since 1971.