Audio leaks: PBC to file misconduct complaint in SJC against SC judge today

If filed, the complaint will be the first time a superior bar is approaching SJC for the removal of an SC judge

ISLAMABAD:

Pakistan Bar Council (PBC), the apex regulatory body of lawyers, is set to file a complaint of misconduct against a Supreme Court Judge on Friday. The PBC Vice Chairman, Hasan Raza Pasha, has confirmed to The Express Tribune that the draft of the complaint has been finalised and will be filed in the Supreme Judicial Council (SJC) today.

The decision to move the top judicial body was taken last month when audio leaks emerged purportedly featuring conversation about the fixation of case before a particular bench or judge with former Punjab chief minister Pervaiz Elahi.

Two separate audio clips were leaked on social media last month. In the first audio clip, a man believed to be Elahi can be heard telling “Joja sahab” that the SC judge should be appointed to hear the “Muhammad Khan case”.

According to sources, the PBC complaint contains several charges and allegations against the Supreme Court judge. If filed, it will be the first time a superior bar is approaching the constitutional forum (SJC) for the removal of an SC judge.

The independent lawyers' group, known as the Asma Jahangir Group, is taking the lead in filing the complaint against the SC judge. However, the professional group, known as the Hamid Khan group, has been silent over the matter.

PBC member Muneer Kakar, who is associated with the Hamid Khan group, has said that instead of filing a complaint against the SC judge, the bar council representatives should maintain transparency within their own bodies.

Also read: Lawyers bodies to move SJC against SC judge

Other provincial bar councils have already announced that they will file complaints against the SC judge.

Earlier, both lawyers' groups had fully backed SC Judge Justice Qazi Faez over the presidential reference against him. The Hamid Khan group also supported ex-Islamabad High Court judge Shaukat Aziz Siddiqui and LHC judge Farukh Irfan when SJC had initiated proceedings against them.

The Supreme Judicial Council Procedure of Inquiry 2005 allows any member of the public to bring to the notice of the council or any of its members or the secretary (SC Registrar) information alleging incapacity or misconduct of a judge. The allegation may be supported by material that is sufficient, in the opinion of the council, to commence an inquiry.

Once any information in respect of an inquiry into the conduct of a judge is received by any member or the council, it shall be presented to the chairman of the council, who shall refer the same to any member of the council to look into the said information and to express his opinion in relation to the sufficiency or otherwise of the information. If the council is satisfied that the information prima facie discloses sufficient material for an inquiry, it shall proceed to consider the same.

The member to whom the chairman has referred the information will examine the same and ascertain if the information received discloses specific particulars of misconduct and provides factual details necessary to form a prima facie opinion in respect of the guilt of the judge.

If the member forms an opinion that the information does reveal sufficient material to commence an inquiry, he shall inform the council accordingly, and the information shall be placed before the council.

Presently, Chief Justice of Pakistan Umar Ata Bandial is the chairman SJC, and other members are Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Sindh High Court Chief Justice Ahmed Ali Sheikh, and Peshawar High Court Chief Justice Qaiser Rasheed Khan.

However, the PHC chief justice is retiring on March 30, and Lahore High Court Chief Justice Muhammad Ameer Bhatti will be a new SJC member after the PHC CJ’s retirement.