SJC examines 26 misconduct complaints against judges

No judge ousted by Supreme Judicial Council since the 1970s

ISLAMABAD: The Supreme Judicial Council (SJC) considered as many as 26 complaints of misconduct against superior court judges as new judicial year began on Wednesday.

Sources told The Express Tribune that the SJC held a meeting, lasting more than five hours.

The meeting was held in the Supreme Court premises under Chief Justice Mian Saqib Nisar. Interestingly, Chief Justice of Lahore High Court Syed Mansoor Ali Shah, Chief Justice Balochistan High Court Muhammad Noor Meskanzai and Chief Justice Islamabad High Court Muhammad Anwar Kasi also attended the meeting.



Sources said that the council would also take up a complaint of misconduct against a Lahore High Court (LHC) judge on Thursday (today). Justice Asif Saeed Khosa has already recused himself from the council for this particular case. Khawaja Haris will appear on behalf of the LHC judge while the attorney-general is already on court’s notice.

The Express Tribune learnt that the Supreme Court is determined to continue the process of self-accountability, considered to be one of the biggest challenges.

After the July 28 verdict on the disqualification of former prime minister Nawaz Sharif, superior bars are also urging the superior judiciary to accelerate the process. No judge has been ousted by the Supreme Judicial Council since the 1970s.

The council is already considering cases of misconduct against four high court judges — two each from the Islamabad High Court (IHC) and the LHC.



SJC is also hearing a complaint against an LHC judge whose name appeared in Panama Papers. Similarly, another LHC judge has already tendered resignation to avoid misconduct proceedings.

Recently, SJC dropped proceedings against a Sindh High Court judge for lack of evidence.

“I am directed to convey that the SJC, in its hearing of the complaint reference registered as SJC-263 has decided to drop proceedings and has filed the complaint reference,” said a letter sent by the SJC secretary to the high court.

In June this year, the council dismissed a plea filed by an IHC judge, seeking an open trial for misconduct proceedings against him. Senior lawyer Hamid Khan appeared on behalf of the high court judge.



Supreme Court Bar Association’s (SCBA) president Rasheed A Rizvi told the audience at the New Judicial Year opening ceremony that Article 209 of the Constitution was never successfully invoked against a judge.

“We need to move away from our rigid inconsistence toward exclusive self-regulation. Each of us needs to involve the other more substantively, both in the process of entry or removal. Perhaps, like many other jurisdictions, we can even consider involving reputable persons from other professions and (members of) civil society in the process. Perhaps, sealing oneself off from external scrutiny is not a necessary pre-requisite for independence,” he said.