PBC wants SJC decisions on judges made public

398 cases have been decided by the council so far

ISLAMABAD: Pakistan Bar Council (PBC) has urged the Supreme Judicial Council (SJC) to make public the decisions on all references against superior courts judges.

PBC Vice Chairman Syed Amjad Shah has written a letter to SJC Secretary Arbab Arif, which states that the legal fraternity has often expressed its reservations about the functioning of the SJC in respect of its dealing with and deciding the references sent to it against superior courts judges and keeping its decision made on references secret.

In the letter, the PBC has requested the SJC to make public its decision on all references under Rule 13 (2) of the SJC.

According to those privy to the development, the PBC was surprised by the SJC’s decision not to share its verdict in the case of the former chief justice of the Islamabad High Court Anwar Kasi. The SJC had dismissed all complaints against Kasi while discharging its show-cause notice issued to the accused over the charge of illegal appointments in the high court.



The PBC also expressed concern that the petition and many other connected matters regarding the functioning of the Judicial Commission of Pakistan were still pending. They are yet to be fixed for hearing and decision by the Supreme Court despite the lapse of a considerably long time, the letter adds.

The apex body of lawyers has also urged the Chief Justice of Pakistan Asif Saeed Khosa to fix a date for hearing the constitutional petition filed by the former Islamabad High Court judge, Shaukat Aziz Siddiqui, against his removal by the SJC.

Earlier, the SJC revealed for the first time that the total number of complaints filed so far against superior judges is 426. Of these, 398 of these references have been disposed of while 28 cases are pending.

The 28 pending references include the two presidential references filed against Justice Qazi Daez Isa and Justice Karim Khan Agha.



The public relations officer (PRO) of the Supreme Court revealed these details after some members of the legal fraternity claimed during their protests that about 350 references were pending against superior judges.

According to the statement, all the 398 cases were processed as per the Procedure of Enquiry 2005 of the SJC. “All the cases are in process and shall be disposed of in due course of time,” it said.

So far, Shaukat Siddiqui is the only judge to be removed by the SJC. When the council initiated proceedings, few judges resigned to save pension benefits. Hence, a number of complaints became infructuous after the retirement of the accused judges.

Earlier, an executive member of the PBC, Raheel Kamran Sheikh, had approached the SC seeking complete disclosure of complaints and references filed against judges. However, the top court had turned down Sheikh’s plea.

Responding to the SC’s statement, Sheikh said: “These are important disclosures made by the SJC aimed primarily at controlling surmises, conjectures and misleading statements. However, such disclosures should not remain a one-off exercise rather it must be made a permanent feature.”

The disclosure made right now neither reveals how many complaints were disposed of as having become infructuous on account of retirement of the judges accused of misconduct nor does it reveal how many complaints were dismissed for being false, he said. “We don’t know what action, if any, was taken against the complainants thereof,” he said.