In a first, SJC quizzes LHC judge about delay in cases

Also issues show-cause notice to another high court judge

ISLAMABAD: For the first time in the country’s judicial history, the Supreme Judicial Council (SJC) has sought explanation from a high court judge for alleged delay in deciding cases.

The five-member council led by Chief Justice of Pakistan (CJP) Asif Saeed Khosa is the only constitutional forum capable of removing superior court judges over violation of the Judges’ Code of Conduct under Article 209 of the Constitution.

Sources revealed to The Express Tribune that the council on Monday summoned a Lahore High Court (LHC) judge for low progress in deciding cases, in violation of the Article-X of Judges’ Code of Conduct.

They said the council later decided to withdraw the show cause notice after getting a satisfactory reply by the LHC judge. However, there is no official confirmation about withdrawal of the notice.



In the last three years, the SJP has issued many show-cause notices to judges of superior courts over charges of misconduct. These notices were mostly discharged after the judges submitted satisfactory replies to the council.

A couple of judges decided not to contest the notices and preferred to tender their resignations to secure pension benefits. The Supreme Court’s 2018 annual report reveals that the council took notice of various complaints of misconduct received against judges of the superior courts.

After due procedure enshrined under Article 209 of the Constitution and the SJC Procedure of Enquiry 2005, it disposed of 56 cases during one year.



Now the SJC under the CJP Khosa is proceeding against judges for alleged ‘inefficiency’. Sources told The Express Tribune that the council has also issued show-cause notice to another LHC judge. However there is no detail about the charges against him.

According to the Code of Conduct, a judge should take all steps to decide cases within the shortest time and make every effort to minimise the suffering of litigants by deciding cases expeditiously through proper, written judgements.

“A judge who is unmindful or indifferent towards this aspect of his duty is not faithful to his work, which is a grave fault,” it reads. However, the council had never issued a show-cause notice to any judge over the violation of Article-X.

Amina Sheikh, a lawyer, believes that ensuring efficiency in dispensation of justice is a condition for the rule of law. A Pakistan Bar Council executive member told The Express Tribune that the decision to proceed against any judge who is found to be inefficient is getting increasingly unavoidable.



“It is an essential step in judicial accountability and if executed fairly and transparently, it will significantly improve the overall efficiency and effectiveness of our judicial system,” he added.

Sources also revealed that CJP Khosa has also summoned a meeting of the Judicial Commission of Pakistan (JCP) on May 2 to consider the appointment of two Balochistan High Court (BHC) judges.

The BHC Chief Justice Tahira Safdar has proposed names of advocate Abdul Hameed Baloch and additional session judge Rozi Khan Barrech for the posts.