Only SJC can quiz a judge, says Justice Bandial

Notes that judges’ accountably necessary for establish public trust in judiciary

ISLAMABAD:  

Supreme Court judge Umar Ata Bandial has noted that only the Supreme Judicial Council (SJC) has the authority to quiz a judge in case of an alleged misconduct.

“Neither the president nor the prime minister but only the SJC has the authority to hold a judge accountable,” Justice Bandial said on Thursday while heading a ten-judge full-bench, hearing a slew of petitions filed against the SJC’s proceedings against an SC judge, Qazi Faez Isa.

The SJC in June this year started trial of Justice Isa on basis of a presidential reference seeking his removal in view of the his non-disclosure of his family members’ foreign assets. The judge and a number of other petitioners later challenged the proceedings in the SC.

Talking with reference to the case, Justice Bandial said the matter could not be settled by claiming that the undisclosed properties belonged to the judges’ spouse and not him. “This fact necessitates interrogation of the judge, which can only be carried out by the SCJ,” he added.

He said the full court stands for independence of judiciary but there is a need to establish a system of justice that people can trust and for that purpose judges’ accountability is necessary.

Earlier, Justice Isa’s counsel Muneer A Malik contented that a judge has the same rights as any citizen. Citing Article 4, 9 and 19 of the Constitution, he said reputation, dignity and honour of a judge as a citizen are protected, and this reputation and honour cannot be marred by illegally investigation.

He said the competent authority to investigate into a judge’s conduct is the president.

However, Justice Faisal Arab said the president forms an opinion and inquiry is conducted by the SJC. Justice Munib Akhtar asked the counsel how the president would carry out investigation. “Will he himself investigate the matter, summon witnesses and record their statements?” he asked.

Justice Mansoor Ali Shah said initial investigation is done on the president’s instruction and on basis of that investigation the president forms his opinion. Justice Arab, however, asked if the SJC has also to form an opinion then what is the difference between the opinion of the president and the council?

Justice Mansoor said when the relevant information arrives, the president sends a reference based on that information and his role in the entire issue is impartial. Muneer A Malik referred the case of Justice Iftikhar Chaudhry and said making files of judges is not the task of the Assets Recovery Unit.

Justice Bandial, however, noted that the unit cannot do this until it is given the task legally. “We will review whether it was right to bring complaint against the petitioner to the federal minister,” he added.

The court, while adjourning the hearing till Monday, said the case will be heard thrice a week.