LHC judge’s objections to SJC composition rejected

Five-judge council issues four-page order

ISLAMABAD: The Supreme Judicial Council (SJC) – a constitutional forum which examines the conduct of superior court judges and then recommends their removal from the top post – has rejected a serving Lahore High Court (LHC) judge’s objections over the council’s composition in a case of alleged misconduct against him.

The LHC judge, whose name was included in the Panama Papers leaked last year, had raised objection over one member of the council, adding he had been facing misconduct proceedings and, therefore, should not sit on the council.



Hamid Khan, counsel for the LHC judge, appeared before the council and argued the case. On October 10, the council had reserved its order on the LHC judge’s objection to determine whether a judge facing a reference can sit in the council to try another judge..

The five-judge council led by Chief Justice of Pakistan Mian Saqib Nisar has passed the four-page order, a copy of which is available with The Express Tribune.

The council in its written order states that “because of the complaint under Article 209 of the Constitution is pending inquiry against one member of the council, therefore, till such time the inquiry against him is concluded, he is disqualified to sit and be a member of the council as per the provision of Clause 3 of the article”.

“We are not persuaded to place such narrow interpretation on the said article, as the spirit of the same is that no person should be a judge in his own cause and, therefore, is precluded from being part of the council, which is conducting inquiry into his conduct etc.

“Thus, according to Article (3)(b), if he is the chief justice of a high court, the chief justice of another high court, who is next in seniority amongst the chief justices of the remaining high court shall act as member of the council in his place.



“This bar cannot be read into the article vis-a-vis all other proceedings under Article 209 of the Constitution in which the conduct, etc., of the said judge is not under scrutiny. Therefore, the plea has no basis and is accordingly rejected," says the order.

Another LHC judge had raised objection over Justice Asif Saeed Khosa, who is also a member of the SJC. However, the judge recused himself from the proceedings, citing personal reasons and emphasising that he had no personal bias against the respondent.

The SJC in its four-page order also rejected two other applications of the LHC judge on different matters.