ISLAMABAD: The Chief Justice of Pakistan (CJP) should decide on the references against the alleged misconduct of judges of the superior judiciary before his retirement on December 31 this year, said senior lawyer and rights activist Asma Jahangir on Wednesday.

Speaking at a lawyer’s enrolment ceremony at the Islamabad High Court on Oct 31 last year, the CJP had said that about 90pc of the references filed against the conduct of judges of the superior courts under Article 209 of the Constitution had become infructuous since most of the concerned judges had retired after completing their terms in office. However, he had assured lawyers that the Supreme Judicial Council (SJC) will take up the remaining references in order to redress the grievances of the public.

Talking about the CJP’s promise of Oct 31 last year, Ms Jahangir demanded that SJC decide on the references against the judges of the superior courts before the expiry of Justice Jamali’s term in office.

Asma Jahangir says references against SC Justice Rehman, IHC CJ Kasi were filed in light of SC verdict

Talking to the media at the IHC bar room, Ms Jahangir said the recent references filed against Justice Iqbal Hameedur Rehman of the Supreme Court and IHC Chief Justice Mohammad Anwar Khan Kasi are different to the so many other references pending against the judges of the superior judiciary.

She explained that most of the references are based on allegations which may take several months to be proved, adding that the Supreme Court bench headed by Justice Amir Hani Muslim had examined the appointments in the IHC in detail and then passed a verdict on Sept 26 this year.

According to Ms Jahangir, the references against Justice Rehman and Justice Kasi were filed in light of the observations of the apex court’s verdict, which will remain intact until and unless it is modified by the same bench in a review petition.

The landmark SC judgement of Sept 26 she was referring to had observed that the appointments in the IHC were made by “abusing authority” and via “cherry picking”.

Following this verdict, the IHC Bar Association’s Secretary General Mohammad Waqas Malik filed the references against Justice Iqbal Hameedur Rehman and the incumbent IHC CJ Justice Kasi.

In the reference, Mr Malik had said that the SC Justice Rehman is accused of “misconduct” and has “violated his oath of office”.

The apex court had observed that if the competent authority started to cherry pick and deliberately overlook meritorious candidates when making appointments, the image of the institution will be tainted. The reference said that the SC judgement had left no room for “whimsical interpretation regarding the role of [Justice] Iqbal Hameedur Rehman, who was mainly responsible for making these illegal appointments from time to time”.

Published in Dawn October 20th, 2016