Reference filed in SJC against sitting IHC judge

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ISLAMABAD: A reference was filed with the Supreme Judicial Council on Thursday against Justice Mohsin Akhtar Kayani, an Islamabad High Court (IHC) judge, over alleged favouritism and accumulation of assets beyond his known sources of income.

The complainant, Murtaza Qureshi, a lawyer of the Khyber Pakhtunkhwa Bar Council (KBC), filed the reference against the IHC judge at a time when a special committee of the parliament is examining Article 209 of the Constitution, which is related to disciplinary proceedings against judges of superior courts, as this constitutional provision has virtually become redundant.

He accused Justice Kayani of favouritism in the promotion of judges of the subordinate judiciary of Islamabad and also highlighted the real estate business in which the judge was allegedly a shareholder.

After becoming a judge, he promoted judicial officers who were part of his former law firm and played havoc with the careers of other judges who were earlier inducted on deputation and absorbed in the federal capital’s judiciary later on.

The complainant said that while the judge was the president of the Islamabad High Court Bar Association, he allegedly struggled for the transfer of those judges who were working in the federal capital on deputation from provinces.

About two dozen judges of the Islamabad judiciary filed representations against their adverse performance evaluation reports before the IHC chief justice. A few of them have also challenged their supersession before the service tribunal.

IHC Chief Justice Aamer Farooq has already constituted a two-judge committee for redressal of the judges’ grievances.

The complaint also states that the honourable judge is the chairman of the Judicial Service Tribunal and is delaying the disposal of the appeals filed by affected judges of the subordinate judiciary.

The reference stated that the judge had declared his and his family’s assets worth Rs5 to 6 crore while his actual assets are worth Rs187.7 crore.

It requested the SJC to conduct a regular inquiry into these allegations under Article 209 of the Constitution.

Published in Dawn, June 16th, 2023

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