ISLAMABAD: A member of the Pakistan Bar Council (PBC) has posed a crucial question to the highest body of lawyers in the land — whether a judge facing allegations of misconduct before the Supreme Judicial Council (SJC) may be allowed to resign with full pension benefits.

In a letter, Barrister Raheel Kamran Sheikh has asked the council to immediately convene a meeting and come up with answers to a number of similar questions, emphasising that it had become imperative for the bar to consider these questions and adopt an appropriate response.

The letter has been drafted in the backdrop of the Feb 28 resignation by one of the judges of the Lahore High Court (LHC), Justice Mazhar Iqbal Sidhu, who quit citing personal reasons two days before he was due to appear before the SJC to face a reference.

The letter also mentioned the request made by a senior judge of the Islamabad High Court — also facing a reference before the SJC — for an open trial as opposed to in-camera proceedings.

These developments have raised important questions regarding the process of accountability of judges of the superior courts, Barrister Sheikh contended. He said that in view of the PBC’s persistent demand for accountability of superior court judges, these questions concerned the bar as much as the bench.

The questions he formulated are: whether judges against whom allegations of misconduct and corrupt practices have been made should be allowed to resign with all pension benefits? And despite serious complaints of corruption under Article 209 of the Constitution which deals with SJC, should the judges who have retired be entitled to pension benefits.

Should such judges, he further asked, be immune from criminal proceedings when Articles 209 to 211 of the Constitution do not expressly confer any such immunity against investigation and prosecution?

Barrister Sheikh has also suggested that the PBC consider filing a petition before the Supreme Court, asking to revisit the 2001 judgement in the case of Asfandyar Wali, relating to the investigation and prosecution of corrupt judges.

If the investigation and prosecution should be allowed, what safeguards will be employed to protect the independence of the judiciary while ensuring accountability, Barrister Sheikh asked. He also questioned whether in-camera proceedings violated the judge’s right to a fair trial right and asked whether the PBC should support demands for open trial of judges accused of misconduct.

Should the PBC demand the reframing of the SJC Inquiry Procedure keeping in view the amendments introduced in Articles 209 to 211 of the Constitution through the 18th constitutional amendment, Barrister Sheikh asked.

He also inquired whether the PBC should demand a press briefing on the proceedings by the SJC secretary after every meeting.

Published in Dawn, March 9th, 2017