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| November 20, 2005 | Sunday | Shawwal 17, 1426 |
Probe procedure against judges approved
ISLAMABAD, Nov 19: The Supreme Judicial Council (SJC) on Saturday approved a procedure of inquiry against judges of the apex and high courts for their removal on misconduct. The SJC meeting was presided over by Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry.
The procedure of inquiry provides the method of receiving information or complaint pertaining to misconduct of a judge of the Supreme Court or a high court and could recommend to the president for his removal.
The SJC enjoys the power to probe whether a judge is guilty of misconduct or otherwise.
The SJC can take cognizance on information from any member of public alleging incapacity or misconduct of a judge. However, the person providing information will have to identity himself.
Information coming from print or electronic media or through written complaint will be maintained by the council’s secretary who will be the registrar of the Supreme Court. On receiving the information, the SJC chairman will refer it to any member of the council for seeking opinion who will decide whether the information reveals sufficient material for commencing an inquiry.
If the member comes to the conclusion that the information is false, frivolous, concocted or untrue, he may recommend for an action against the person.
If the SJC decides to proceed against the judge concerned, it will issue a show cause notice along with a statement of allegations supporting by material. The judge concerned will also be given an opportunity of personal hearing.
The Attorney General of Pakistan or in his absence a senior counsel of the Supreme Court will conduct a reference received from the president by assisting the SJC in its proceedings. In the event of difference of opinion amongst SJC members, opinion of the majority will prevail.
Meanwhile, the National Judicial Policy Making Committee (NJPMC) in a separate meeting approved additional provisions in the Code of Conduct for judicial officers that requires them to be God fearing, law abiding, abstemious, truthful, wise in opinion, cautious and forbearing, patient and calm, blameless, untouched by greed, completely detached and balanced, faithful to his/her words and meticulous in functions.
The officer should not show any fear or favour to any party before him or their lawyers, both in his judgment and conduct.
He should avoid mixing up with people, roaming in hotels, markets and streets except in dire need and should avoid rage.
He should have command and control over the proceedings in the court and should be consistent in his judgments.
He should also be courteous and polite, but not weak towards the litigants and their lawyers and should maintain decorum of the court.
He should always endeavour to decide cases expeditiously, should take necessary measures to ensure speedy justice and have effective control over the staff of his court without being rude, rough or humiliating.
The judicial officer should be punctual while taking or leaving his seat and should be dressed in prescribed uniform and seated in dignified manner, but not so as to look a proud man.
He should avoid hearing cases, receiving guests or his colleagues in the retiring room and should avoid hearing one party or his lawyer in the absence of the other, except in the case of exparte proceedings.
He should also not hear those cases in which he, his near relatives or close friends have got any interest and should not privately advise any of the parties so that it becomes a favour to the prejudice of the other party.
The NJPMC further decided that judge officers of the subordinate judiciary should declare their assets on half-yearly basis and barred judicial officer from approaching the high authorities for favourable transfer, posting or promotion. Any such attempt will be treated misconduct and disciplinary action will be taken against such judicial officer.
It was also resolved that if 75 per cent judgments of a judicial officer are set aside or reversed, he will be considered inefficient and disciplinary proceedings will be initiated against him.
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