Sessions judge refers CJP Nisar to Supreme Judicial Council

Complaint says CJP’s conduct has exposed him as lacking most of the qualities of a judge

ISLAMABAD: A serving sessions court judge has submitted a complaint of misconduct against the chief justice of Pakistan, who is also the chairman of the Supreme Judicial Council.

Kohat District and Sessions Judge Ahmed Sultan Tareen sent through courier on Tuesday a complaint of misconduct against the top judge in the SJC. A copy of the 15-page complaint is available with The Express Tribune.

The complaint says that the CJP’s present-day conduct has exposed him as lacking most of the qualities of a judge enumerated in Article-II of the Code of Conduct issued by the SJC in 2009.  It is because of his failure to show conduct compatible with the requirements of the said Article of the Code of Conduct, and non-compliance to prohibitory provisions of the code that the Peshawar High Court Bar Association in its general body meeting held on 27.03.2018 passed a unanimous resolution with particular reference to his conduct.

The complainant also referred Article-V of the Code of Conduct, which requires of a judge that he should not engage in any public controversy, least of all on a political question, notwithstanding that it involves a question of law.



“There is a lot of evidence against the chief justice of Pakistan that he has failed to abide by the Code of Conduct as required to be observed within meaning of Article-V. The chief justice by his failure to observe the Code of Conduct has engaged his person as well as the Supreme Court of Pakistan in public controversy having nexus with the political questions.”

“The SC, in a worldly sense, is the ultimate hope of people of Pakistan for the sake of justice. The chief justice heading this ultimate forum of hope is not supposed to be irresponsible in his spoken conduct.

It is further stated that the CJP, while heading a bench to hear a suo motu case on drug prices, swore to God that he had no political agenda but he also disclosed his desire that what he wants is the supply of unpolluted consuming water, primary wellbeing amenities and meals to the citizens of Pakistan.

“If he had no political ambitions, he, instead of desiring things for the people of Pakistan, which are not his domain to ensure, should have thought about the failing of judicial system mainly due to ineffectiveness of the courts in providing justice in context of Article 10-A read with clause (d) of Article 37 of the Constitution of Pakistan.

The complainant says that recently, the CJP held a meeting with the prime minister in his chamber without disclosing the agenda.  If he claims to be the custodian of the Constitution of Pakistan, he should have regard for Article 19-A of the Constitution, which guarantees the right of citizens to have access to information in matters of public importance, the complaint states.

Not disclosing the agenda of his meeting with the prime minister violates the fundamental rights of citizens.