Judges should also face open court trial: Ex-CJP

ISLAMABAD – If the trial of a sitting prime minister can take place in the open court then why can’t a judge stand trial in a public court, said former chief justice of Pakistan Iftikhar Muhammad Chaudhry.

While talking to reporters covering the Supreme Court here, he said: “No one is a sacred cow whether he is a general or a judge. If corruption is proved against a judge, he should also face the open court trial.”

He said that if a judge facing a reference in the Supreme Judicial Council (SJC) wishes to be tried in the open court, the council should consider it. “The SJC can amend its rules if it wanted.”

Under present rules, SJC proceedings are held in-camera. There are references pending against judges of Sindh, Lahore and Islamabad high courts. A few judges have asked the council to hold their trial in the open court but their requests have not been entertained.

Chaudhry, who is also the president of the newly formed Pakistan Justice and Democratic Party, said that judges and the judiciary were respectful as thousands of people approach courts for justice. “On the basis of corruption allegations or misconduct against one or two judges, the whole judiciary should not be maligned,” he said.

When asked if the prime minister of the country could be sent behind bars then why can’t the judges, he said: “If corruption and misconduct are proved against a judge then there are laws — the Pakistan Penal Code and the anti-corruption law — to proceed against the judge.

The ex-CJP said that under Article 209, a judge could be removed from his service if the allegations against him were proved. “Yes if charges are proved, the judges should also go to jail.”

He acknowledged that under Article 209 there was no jail term but he said that for a judge it was a stigma, which remains throughout his life. He said in the past many judges resigned and as many were sent home when allegations against them were established. Chaudhry said the Prime Minister was sent jail after the allegations against them were proved.

As result of a judgment in the Sindh High Court Bar Association case, many judges of the high court and the Supreme Court were sent home. Justice Iqbal Hameed-ur-Rehman in the recent past resigned in view of the apex court judgment regarding illegal appointments in the Islamabad High Court.

The former chief justice said that there was the same procedure for the trial of the chief justice as for the trial of a high court judge.

“When a reference was filed against me in the SJC, I requested the council to hold the trial in the open, but it refused, therefore, I filed a petition in the Supreme Court under Article 184(3) of the constitution.” He said that the apex court heard his petition in the open court and decided the matter as it was a politically-motivated reference.

Source: The Nation