The Supreme Court will take up on 22nd August an appeal against the objections of Registrar's Office on a plea for reconstitution of Supreme Judicial Council (SJC). Senior puisne judge, Justice Gulzar Ahmed, will hear the appeal against the objections raised by Registrar's Office in his chamber. Advocate Col Inam-ur-Rahim (retd) on July 01 challenged the formation of five-member SJC which is conducting hearing of presidential references against Justice Qazi Faez Isa, a judge of apex court, and Justice KK Agha, a judge of Sindh High Court. The Council comprises Chief Justice of Pakistan Asif Saeed Khosa, Justice Gulzar Ahmed, Justice Sheikh Azmat Saeed, Sindh High Court (SHC) Chief Justice Ahmed Ali M Shaikh and Peshawar High Court (PHC) Chief Justice Waqar Ahmed Seth.
Assistant Registrar (Civil-II) Fawad Ahmed on July 09 rejected Inam's petition and raised objections inter alia that "the judges of superior judiciary have been impleaded as respondents, whereas they cannot be so impleaded." Inam urged the apex court to reconstitute the SJC as references of misconduct are pending against two of its members, Justice Azmat Saeed Sheikh and Justice Ahmed Ali Sheikh and hence the formation of the Council is unconstitutional, illegal and coram non judice.
He contended that after the introduction of Article 209 in the Constitution and under sub-article 8 of the said Article, the Supreme Judicial Council issued code of conduct for judges of the superior judiciary through a notification dated September 2, 2009. The opening sentence of it states; "The prime duty of a judge as an individual is to present before the public an image of justices of the nation." It was further stated that the oath of the judge implies complete submission to the law and subject to these governing obligations his functions are to be discharged for the maintenance of Rule of Law over the whole range of human activities within the nation.
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