Two appointed to help SC decide case of IHC judge

Published
0

ISLAMABAD: The Sup­reme Court wondered on Wednesday why judges should be treated as holy cows, and appointed two amici curiae (friends of the court) to assist it in deciding a case instituted by a sitting judge of the Islamabad High Court seeking open trial by the Supreme Judicial Council (SJC) hearing a reference against him on misconduct.

“The question is why the judiciary and the judges be treated like holy cows,” observed Justice Sheikh Azmat Saeed, a member of the five-judge bench that had taken up the petition of Justice Shaukat Aziz Siddiqui.

Justice Gulzar Ahmed, who is heading the bench, appointed senior lawyers Muneer A. Malik and Shahid Hamid as amici curiae and ordered Attorney General Ashtar Ausaf to furnish the federal government’s reply in two weeks detailing reasons why they wanted in-camera proceedings of the reference.

That would help the petitioner to know what stance the federal government had taken so that he could also file a rejoinder, the court said.

On Wednesday senior counsel Makhdoom Ali Khan, who represents Justice Shaukat Aziz, said his client had complete faith in the members of the SJC but he did not have any faith in the procedure laid down by the council hearing a reference against him.

The petitioner has already questioned paragraph 13 of SJC Procedure of Inquiry 2005 which deals with in-camera proceedings by saying that the section is in violation of Articles 4, 10A, 18 and 25 of the constitution because it does not allow trial before the council to take place in accordance with the law.

Justice Gulzar Ahmed also observed that the current matter did not concern an individual but the entire judiciary.

In his petition, Justice Shaukat Aziz is asking for an open trial of his reference instituted on the complaint by some retired employee of the Capital Development Authority (CDA) on the charge of refurbishment of his official residence beyond entitlement.

The petition argued that the SJC had erred by observing that it was on account of the sanctity of the institution and the dignity of the applicant and other judges whose matters were inquired into by the council that in-camera proceedings were expedient.

It argued that the sanctity of no institution could be protected by making it a cloistered virtue.

Published in Dawn, November 9th, 2017

Opinion

Editorial

Candid admission
Updated 30 Oct, 2026

Candid admission

Both ruling and opposition parties have lost credibility and political ground due to their ongoing vendetta.
Disrupted LPG supply
30 Oct, 2026

Disrupted LPG supply

THE petroleum minister’s explanation in the National Assembly that the recent closure of the Iran border has...
Judicial disaffection
30 Oct, 2026

Judicial disaffection

THE resignation of Justice Mohsin Akhtar Kayani from the Lahore High Court is another indicator of the deepening...
Restructuring plans
Updated 29 Oct, 2026

Restructuring plans

The primary reason for governance failure in Pakistan is not the geographical size of the existing provinces but the reluctance of provincial capitals to empower local bodies.
Polluted priorities
Updated 29 Oct, 2026

Polluted priorities

Enforcement must continue, but decisions should follow evidence, not the visibility of machinery on city roads.
Continuing genocide
29 Oct, 2026

Continuing genocide

FOR the people of Gaza, despite the ‘ceasefire’ reached last October, the genocide never really ceased. This ...