ISLAMABAD: A Pakistan Bar Council (PBC) member — who earlier requisitioned a council meeting for discussion on references pending before the Supreme Judicial Council (SJC) against superior court judges — has a new suggestion.
Barrister Raheel Kamran Sheikh has said that the PBC should insist on a press briefing or a press release regarding SJC proceedings from its secretary.
On March 8, Barrister Sheikh wrote a one-page letter to the PBC — the highest supervisory body of the legal fraternity — asking it to consider whether a judge facing allegations of misconduct could be allowed to resign with full pension benefits.
In a fresh letter on Saturday, he has asked the PBC to demand the reframing of the SJC’s inquiry procedure in view of the amendments introduced in Articles 209 to 211 of the Constitution through the 18th amendment.
In the latest communication, Mr Sheikh admits that in-camera SJC proceedings did not violate Article 10A of the Constitution, which called for fair trial and due process.
Therefore, was it in the public interest to withhold information about any particular complaint to avoid scandalising any judge for as long as he serves on the bench.
But a judge accused of misconduct may misuse the open proceedings for undue advantage by maligning one or more members of the SJC, even on considerations totally extraneous to his defence.
Notwithstanding the bar of jurisdiction contained in Article 211, proceedings before SJC are not immune from challenges before the Supreme Court, the letter said.
But the SJC maintains complete secrecy and confidentiality over the entire process of judicial accountability, the letter maintains, adding that notwithstanding the fundamental right to information under Article 19A of the Constitution, the council has refused to disclose even basic information regarding the total number of complaints received by it and the current status thereof.
“I cannot, therefore, subscribe to such complete confidentiality and secrecy,” Barrister Sheikh regretted.
It is one of the cardinal principles of the independence of the judiciary that all complaints against judges must be decided expeditiously, the letter said.
It recalled that while addressing the Islamabad Bar Association on Nov 30, 2015, former Chief Justice Anwar Zaheer Jamali had stated 90pc of complaints filed against judges of the superior judiciary had become “infructuous”, since most of these judges had retired after completing their terms without the references having been heard or decided.
The allegation of misconduct on the part of a judge may or may not involve elements of financial corruption, he said, adding the judiciary should not be beyond accountability.
Allegations of misconduct involving monetary corruption must be scrutinised at the earliest and decided expeditiously on priority, the letter said, adding those found involved, directly or indirectly, in receiving any bribe, financial benefits or other forms of corruption and corrupt practices should not be allowed to retire or resign with all pension benefits as well as escape investigation and prosecution in accordance with law.
It is of utmost importance that the executive should not be allowed to meddle with the independence of the judiciary. Therefore, the investigation and prosecution of the allegation of any offence of corruption and corrupt practices against any judge must be made subject to prior approval of the forum such as the SJC, the letter said.
Since its reactivation last year, a number of hearings of SJC have been held by the council and there are speculations related to the nature of allegations against a particular judge or his defence. In this respect, the PBC should insist on a press briefing or press release about the proceedings of the SJC, the letter suggested.
Published in Dawn, March 12th, 2017
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