Lawyer says judges must also be Sadiq and Ameen
Inam Ur Rahiem Khawaja asks PM to make it obligatory for judges to submit affidavit in this regard
PHOTO: AFP
ISLAMABAD:
A former serviceman and an incumbent member of the legal fraternity has requested Prime Minister Shahid Khaqan Abbasi to issue a notification whereby a judge may be made bound by law to submit an affidavit with regard to his or her being Sadiq and Ameen i.e. truthful and trustworthy.
In his letter addressed to the PM through the principal secretary, a copy of which has also been sent to the president and the chief justice of Pakistan (CJP), Inam Ur Rahiem Khawaja has called for making ‘Sadiq and Ameen’ a trait of the judges.
He said judiciary, while exercising the power of judicial review, can determine qualification and disqualification of the members of parliament and executive, but the Constitution being the paramount and organic law of the state has not provided any qualification with regard to the personal and moral character of an individual exercising the power of judiciary.
“The judiciary is assigned with a delicate job to determine as to the qualification of Sadiq and Ameen, however, no such qualification is either enshrined in the Constitution or any other law for the time being in force in Pakistan,” he said.
Khawaja said among the traits, the judge should be of good character and must not be commonly known as person who violates Islamic Injunctions. He must have adequate knowledge of Islamic teachings; practice obligatory duties prescribed by Islam; and abstain from major sins.
'Sadiq' and 'Ameen' not defined in Constitution, observes SC
“In addition, it should be stated that he is sagacious, righteous, non-profligate, honest and Ameen; there being no declaration to the contrary by a court of law; and has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan,” he said.
According to Khawaja, the judicial power of the state is to be exercised by judiciary which includes the power to decide and interpret. However, he said, a person who is assigned with the duty to determine whether another person is Sadiq and Ameen is himself not required by the law to be of that stature.
“The legal fraternity of the country has consistently considered foretasted qualification for the members of the parliament (legislature) and for the members of cabinet including the prime minister (executive) as discriminatory for the afore-stated reasons,” he stated.
Sadiq & Ameen: PM’s attorney picks holes in disqualification law
He said the ‘discrimination’ pointed out may be resolved by the chief executive office after consultation with the cabinet, taking approval from the president of Pakistan and, subsequently, by issuing a notification in this regard.
In February, the Supreme Court had refused to entertain a constitutional petition seeking accountability of superior court judges and army generals. The petition had also called for making the qualities of ‘Sadiq and Ameen’ part of the code of conduct of the judges.
Chief Justice of Pakistan Mian Saqib Nisar had heard the appeal, filed by the Watan Party through lawyer Barrister Zafarullah Khan, in his chamber after the Registrar Office raised objections to it.
The registrar said the petition was based on mala fide intents, scandalous as evident from its contents, adding: “It cannot be entertained under Order XVII, Rule 5 of the Supreme Court Rules 1980”.
A former serviceman and an incumbent member of the legal fraternity has requested Prime Minister Shahid Khaqan Abbasi to issue a notification whereby a judge may be made bound by law to submit an affidavit with regard to his or her being Sadiq and Ameen i.e. truthful and trustworthy.
In his letter addressed to the PM through the principal secretary, a copy of which has also been sent to the president and the chief justice of Pakistan (CJP), Inam Ur Rahiem Khawaja has called for making ‘Sadiq and Ameen’ a trait of the judges.
He said judiciary, while exercising the power of judicial review, can determine qualification and disqualification of the members of parliament and executive, but the Constitution being the paramount and organic law of the state has not provided any qualification with regard to the personal and moral character of an individual exercising the power of judiciary.
“The judiciary is assigned with a delicate job to determine as to the qualification of Sadiq and Ameen, however, no such qualification is either enshrined in the Constitution or any other law for the time being in force in Pakistan,” he said.
Khawaja said among the traits, the judge should be of good character and must not be commonly known as person who violates Islamic Injunctions. He must have adequate knowledge of Islamic teachings; practice obligatory duties prescribed by Islam; and abstain from major sins.
'Sadiq' and 'Ameen' not defined in Constitution, observes SC
“In addition, it should be stated that he is sagacious, righteous, non-profligate, honest and Ameen; there being no declaration to the contrary by a court of law; and has not, after the establishment of Pakistan, worked against the integrity of the country or opposed the ideology of Pakistan,” he said.
According to Khawaja, the judicial power of the state is to be exercised by judiciary which includes the power to decide and interpret. However, he said, a person who is assigned with the duty to determine whether another person is Sadiq and Ameen is himself not required by the law to be of that stature.
“The legal fraternity of the country has consistently considered foretasted qualification for the members of the parliament (legislature) and for the members of cabinet including the prime minister (executive) as discriminatory for the afore-stated reasons,” he stated.
Sadiq & Ameen: PM’s attorney picks holes in disqualification law
He said the ‘discrimination’ pointed out may be resolved by the chief executive office after consultation with the cabinet, taking approval from the president of Pakistan and, subsequently, by issuing a notification in this regard.
In February, the Supreme Court had refused to entertain a constitutional petition seeking accountability of superior court judges and army generals. The petition had also called for making the qualities of ‘Sadiq and Ameen’ part of the code of conduct of the judges.
Chief Justice of Pakistan Mian Saqib Nisar had heard the appeal, filed by the Watan Party through lawyer Barrister Zafarullah Khan, in his chamber after the Registrar Office raised objections to it.
The registrar said the petition was based on mala fide intents, scandalous as evident from its contents, adding: “It cannot be entertained under Order XVII, Rule 5 of the Supreme Court Rules 1980”.