IHC judge wants his open trial

ISLAMABAD: The Supreme Judicial Council (SJC) has sought reply from the Attorney General of Pakistan (AGP) on a plea of Islamabad High Court (IHC) judge seeking open proceedings instead of in-camera ones.

Sources told The Express Tribune that the SJC on Monday considered the cases of misconduct against two IHC judges, wherein one judge, who appeared in person moved an application for open proceedings.

Upon this, the council sought reply from AGP within 10 days. The AGP office is learnt to have framed nine charges of misconduct against the judge who filed the plea.
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It is also learnt that the AGP office has engaged Maulvi Anwarul Haq as prosecutor in both the cases. Haq already worked as AGP during Pakistan Peoples Party (PPP) government. He was known as a successful Lahore High Court (LHC) judge but resigned after the July 31, 2009 verdict for declaring the November 3, 2007 emergency and Provisional Constitution Order illegal.

On the other hand, senior lawyer Wasim Sajjad appeared on behalf of the other IHC judge and sought time from the council to give his input. The SJC also gave him 10 days as well, sources revealed.

It is to be noted that the AG is learnt to have already proposed summary inquiry of the accused judges.

Meanwhile, sources said that the council will consider the cases of misconduct against an LHC judge and a Sindh High Court judge today (Tuesday). Advocate Khawaja Haris will represent the LHC judge before the council.

Interestingly, the council will try judges after a gap of more than four decades. The council has not initiated trial of any high court judge since 1971.

According to Article 209 of the Constitution, SJC comprises chief justice of the Supreme Court (SC), two senior-most judges of the SC and two senior-most chief justices of high courts.

Against the backdrop of a demand by the legal fraternity, the then chief justice Anwar Zaheer Jamali had on October 31, 2015 announced re-activating the SJC for pursuing complaints pending with it for a long time.

Recently, Pakistan Bar Council (PBC) member Barrister Raheel Kamran Sheikh has written two letters to all of its members. It raised important questions regarding the process of accountability of judges of the high courts and the SC.

Barrister Sheikh said the PBC should insist on a press briefing or a press release regarding SJC proceedings from its secretary.

In the latest communication, Sheikh admits that in-camera SJC proceedings did not violate Article 10A of the Constitution, which called for fair trial and due process. Therefore, it was 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 SC, 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.

It is pertinent to mention that a total of five judges are being tried for misconduct by the SJC.

Source: The Express Tribune