After Seth’s death, IHC Chief Justice Minallah becomes SJC member

After the death of Peshawar High Court (PHC) Chief Justice Waqar Ahmad Seth, Islamabad High Court (IHC) Chief Justice Athar Minallah will become a member of the Supreme Judicial Council (SJC) as he is now the second senior most high court chief justice.

The SJC – the constitutional forum that can hold superior court judges accountable – comprises five members. The chief justice of Pakistan is the SJC chairman while two senior most Supreme Court judges and two senior most chief justices of the high courts are members of council.

Currently, CJ Gulzar Ahmed, Justice Mushir Alam, Justice Umar Ata Bandial and Sindh High Court (SHC) Chief Justice Ahmed Ali M Shaikh are its members.  The composition of SJC is very crucial due to the matters it is likely to take up soon.

Sources revealed to The Express Tribune that the SJC is expected to take up complaints/references against SC judge Qazi Faez Isa, National Accountability Bureau (NAB) Chairman Javed Iqbal, SHC judge K K, Agha, two Lahore High Court (LHC) judges and one PHC judge in upcoming meeting.

The sources said the SJC chairman summoned a meeting of the SJC on October 29 to consider various complaints but the meeting was postponed due to non-availability of Justice Waqar Ahmad Seth as he was hospitalized.  Justice Seth died of coronavirus disease on Thursday.

The CJP is likely to summon the meeting soon.

The sources said in the upcoming meeting the SJC will hear two complaints registered against incumbent NAB Chairman Javed Iqbal. Both were filed by lawyers – Barrister Zafarullah, Saeed Zafar and Mohsin Raza Ranjha – last year.  Both the complaints were part of the last meetings’ agenda.

The SJC was also to hear the reference filed last year against SHC Justice KK Agha on October 29. The forum was also to hear complaints against two LHC judges, one of which is a female. Similarly, it was to take up a complaint against a PHC judge.

However, most significant among all these matters is the Federal Board of Revenue’s (FBR) report about the foreign assets of the family members of Justice Qazi Faez Isa. The forum was also to review another complaint against Justice Isa filed by some Arbi Khan.

All these references are likely to be taken up in the next SJC meeting to be held this month. The SJC in its upcoming meeting would also consider the matter regarding rectification of errors in the judges Code of Conduct, issued on September 2, 2009.

Senior lawyers believe that Justice Bandial may recuse himself from considering the FBR report about Isa family as Justice Bandial presided over the 10-judge full court which heard Justice Isa’s petition against a presidential reference seeking his removal and which referred the matter to tax authority for an inquiry on June 19.

Senior lawyers also believe that if Justice Bandial recuses himself then the other eight judges of the bench will follow suit. The tenth member of the Isa bench – Justice Faisal Arab – has already retired.

When the bench was being formed to hear his petition against the presidential reference, Justice Isa had raised objection to inclusion of Justice Sardar Tariq Masood and Justice Ijazul Ahsan in the bench,  citing conflict of interests.

Both the judges later recused themselves and did not sit in the bench. Lawyer said if both the judges did not sit in the Isa case bench then there is no chance that they will sit in the SJC now to consider matters related to Justice Isa’s family members

Lawyers believe that in the seniority list, Justice Amin-uddin Khan is the eligible apex court judge to sit in the SJC in case Justice Bandial and other judges recuse themselves.

After the retirement of Justice Faisal Arab, one seat of judge is vacant in the apex court. CJ Gulzar Ahmed has yet to nominate any high court judge for elevation to the Supreme Court.

If the seniority principle is followed then SHC CJ Justice Sheikh is the senior most among all high court chief justices.  Balochistan High Court (BHC) Chief Justice Jamal Khan Mandokhail is on number three in the seniority of chief justices.

Interestingly, if SHC chief justice is elevated to the Supreme Court on basis of seniority, he will cease to be an SJC member and the new SJC member from high courts will be BHC Chief Justice Mandokhail.

Justice Minallah took the oath as IHC chief justice on November 28, 2018.  Since 2005, 498 complaints have been registered against superior court judges in the SJC.