Judicial council meets today

Published October 4, 2003

ISLAMABAD, Oct 3: Chief Justice Shaikh Riaz Ahmad has convened a meeting of the Supreme Judicial Council on Saturday for evolving a strategy to initiate steps for the accountability of the judges.

An announcement by the Supreme Court registrar said a meeting of the council had been convened at the SC building to evolve a strategy for initiating steps that might be required for strengthening the administration of justice in the light of amended Article 209.

It stated that after the amendment to the article, the council had been enabled to inquire into the matters relating to the misconduct of the judges of superior courts on its own motion.

The council consists of the chief justice, Justice Munir A. Sheikh, Justice Nazim Hussain Siddiqui, Sindh High Court Chief Justice Saiyed Saeed Ashhad and Balochistan High Court Chief Justice Raja Fayyaz Ahmad.

President Gen Pervez Musharraf has amended Article 209 through the Legal Framework Order, providing that the council could inquire into any matter relating to corruption or incapacity of a judge to perform his functions properly, at its own accord.

Only four cases have been referred to the council in the last 55 years, pertaining to Justice Shaukat Ali and Justice Ikhlaq of the Lahore High Court and Justice Fazale Ghani and Justice Safdar Shah of the Supreme Court.

Before the amendment, the Supreme Court had repeatedly turned down requests by the citizens to interpret Article 209, which said that the president, on information received from the “Supreme Judicial Council or from any other source,” should direct the council to inquire into the matter.

The Supreme Court, in a number of its judgments, held that the president “alone” on the advice of the prime minister or the cabinet, could refer a case of a judge to the council for holding an inquiry against him.

Now the council’s recommendations to the president have been made binding, while earlier, he was free to reject or accept those.