Imran moves SJC against IHC CJ

Aamer Farooq refuses to recuse from gifts case hearing

ISLAMABAD:

Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan has moved the Supreme Judicial Council (SJC) against Islamabad High Court Chief Justice Aamer Farooq, alleging a violation of his oath of office and the code of conduct.

In the complaint filed by the former prime minister to the SJC, he submitted that the conduct of respondent IHC CJ was in blatant violation of his oath of office and the code of conduct and, thus, amounts to 'misconduct' for the purposes of Article 209 of the Constitution.

"The respondent is actuated by bias and malice against the complainant. The respondent has been instrumental in denying the complainant fair trial and due process as well as his liberty, in violation of his fundamental rights under, inter alia, articles 4, 9 and 10A of the Constitution," read the complaint filed by Imran Khan.

The PTI founder further maintained in the complaint that the IHC CJ had either repeatedly ignored requests by his fellow judges to act against blatant interference in the functioning of the court by state agencies, or had actively played a part in ensuring that such interference continued unabated.

The misconduct of the IHC CJ has gravely undermined the integrity and reputation of the judiciary and, in particular, the Islamabad High Court. He has caused a serious loss of credibility for the institution, and the public has lost confidence in its ability to act as a neutral arbiter, submitted Khan, adding, "These views have been widely expressed on social media as well as national and international press."

The PTI founder further stated the complaint is thus being filed as a matter of last resort; the complainant is left with no other option in light of the clear-cut, consistent and repeated bias of the respondent.

Imran prayed the SJC to inquire into the conduct of IHC Chief Justice Aamer Farooq in terms of Article 209 of the Constitution read with the code of conduct and the Supreme Judicial Council Procedure of Enquiry, 2005.

He also requested SJC to "report to the President of Pakistan, under Article 209(6) of the Constitution, that Justice Aamer Farooq, Chief Justice Islamabad High Court, has been guilty of misconduct and may accordingly be removed from office."

Meanwhile, Islamabad High Court Chief Justice Aamer Faqoor has refused a request from Imran Khan's counsel to recuse from hearing a Toshakhana case, saying the criteria of withdrawing from hearing a case is mentioned in the judgment of IHC Justice Babar Sattar.

The two-member divisional bench led by the IHC CJ heard a plea against the arrest of PTI founder Imran Khan and his spouse Bushra Bibi in new Toshakhana case.

In the absence of Barrister Salman Safdar, his aide Intizar Hussain Panjotha requested the IHC CJ to recuse from hearing the case as a complaint has been filed against him in the SJC.

Justice Aamer Farooq said it is not rational as it will set a new trend and the entire process of withdrawal of a judge from the bench is mentioned in the ruling made by Justice Babar Sattar.

Later, the hearing of the case was adjourned till next week.

In addition, the Islamabad High Court has issued notices to Adiala Jail superintendent and others in the case seeking facilities for PTI founder Imran Khan and his spouse Bushra Bibi in accordance with international standards.