SJC dismisses IHC judge's plea for open trial

Council says in-camera proceedings are better as allegations may prove to be false

ISLAMABAD: The Supreme Judicial Council (SJC) on Thursday dismissed a plea by a judge of the Islamabad High Court (IHC), seeking an open trial in proceedings of alleged misconduct against him.

The five-judge bench of the SJC, under the chairmanship of Chief Justice Mian Saqib Nisar, heard the plea filed by the IHC judge.

Senior lawyer Hamid Khan appeared on behalf of the high court judge. The council had, on May 18, reserved its ruling over the plea by the judge seeking an open trial instead of in-camera proceedings.

The council, while issuing a 12-page order, observed that it is in the larger interest of judiciary that the proceedings are not conducted in open court, as the issue brought before the SJC and the allegations levelled may ultimately prove false, frivolous or vexatious.

The SJC, citing a previous precedent, observed, “Thus the holding of in-camera proceedings is absolutely in line with the principles laid down in the opinions in this court in Justice Shaukat Ali and former chief justice Iftikhar Muhammad Chaudhry’s cases.”

The counsel observed that the SJC does not determine the civil or criminal liabilities of a judge against whom the proceedings are being conducted, therefore, the request for an open trial of the proceedings on the touchstone of Articles 4, 10-A and 25 of the Constitution is not well-founded.



"We are also not persuaded to hold that after the inclusion of Article 10-A into the constitution, the legal position has changed and the SJC has attained the status of a court and that the proceedings would be conducted like a civil or criminal trial", says the order.

The order says that it is on account of the sanctity of the institution and dignity of the judges, whose matters are required into by the SJC, that the in-camera proceedings are expedient.

The council, it added, does not find that in-camera proceedings would deny the judge’s right to defend himself in a robust and meaningful manner. Therefore, we do not find any merit in this application, which is accordingly dismissed.

It is learnt that the SJC’s order may be challenged in the apex court under Article 184 (3) of the Constitution.

Meanwhile, SCBA general secretary Aftab Bajwa told The Express Tribune that when a judge himself wants that his trial should be conducted in open court, then his plea should be accepted.

However, Pakistan Bar Council vice chairman Ahsen Bhoon believed that open hearing may damage the reputation of the judges, whose cases are being heard before the council.