SJC dismisses IHC judge’s plea for open trial

ISLAMABAD: The Supreme Judicial Council (SJC) on Thursday dismissed a plea by a judge of the Islamabad High Court (IHC), seeking an open trial in proceedings of alleged misconduct against him.

The five-judge bench of the SJC, under the chairmanship of Chief Justice Mian Saqib Nisar, heard the plea filed by the IHC judge.

Senior lawyer Hamid Khan appeared on behalf of the high court judge. The council had, on May 18, reserved its ruling over the plea by the judge seeking an open trial instead of in-camera proceedings.
The council, while issuing a 12-page order, observed that it is in the larger interest of judiciary that the proceedings are not conducted in open court, as the issue brought before the SJC and the allegations levelled may ultimately prove false, frivolous or vexatious.

The SJC, citing a previous precedent, observed, “Thus the holding of in-camera proceedings is absolutely in line with the principles laid down in the opinions in this court in Justice Shaukat Ali and former chief justice Iftikhar Muhammad Chaudhry’s cases.”

The counsel observed that the SJC does not determine the civil or criminal liabilities of a judge against whom the proceedings are being conducted, therefore, the request for an open trial of the proceedings on the touchstone of Articles 4, 10-A and 25 of the Constitution is not well-founded.

It is learnt that the SJC’s order may be challenged in the apex court under Article 184 (3) of the Constitution.

Source: The Express Tribune