AGL 40.00 Decreased By ▼ -0.16 (-0.4%)
AIRLINK 129.53 Decreased By ▼ -2.20 (-1.67%)
BOP 6.68 Decreased By ▼ -0.01 (-0.15%)
CNERGY 4.63 Increased By ▲ 0.16 (3.58%)
DCL 8.94 Increased By ▲ 0.12 (1.36%)
DFML 41.69 Increased By ▲ 1.08 (2.66%)
DGKC 83.77 Decreased By ▼ -0.31 (-0.37%)
FCCL 32.77 Increased By ▲ 0.43 (1.33%)
FFBL 75.47 Increased By ▲ 6.86 (10%)
FFL 11.47 Increased By ▲ 0.12 (1.06%)
HUBC 110.55 Decreased By ▼ -1.21 (-1.08%)
HUMNL 14.56 Increased By ▲ 0.25 (1.75%)
KEL 5.39 Increased By ▲ 0.17 (3.26%)
KOSM 8.40 Decreased By ▼ -0.58 (-6.46%)
MLCF 39.79 Increased By ▲ 0.36 (0.91%)
NBP 60.29 No Change ▼ 0.00 (0%)
OGDC 199.66 Increased By ▲ 4.72 (2.42%)
PAEL 26.65 Decreased By ▼ -0.04 (-0.15%)
PIBTL 7.66 Increased By ▲ 0.18 (2.41%)
PPL 157.92 Increased By ▲ 2.15 (1.38%)
PRL 26.73 Increased By ▲ 0.05 (0.19%)
PTC 18.46 Increased By ▲ 0.16 (0.87%)
SEARL 82.44 Decreased By ▼ -0.58 (-0.7%)
TELE 8.31 Increased By ▲ 0.08 (0.97%)
TOMCL 34.51 Decreased By ▼ -0.04 (-0.12%)
TPLP 9.06 Increased By ▲ 0.25 (2.84%)
TREET 17.47 Increased By ▲ 0.77 (4.61%)
TRG 61.32 Decreased By ▼ -1.13 (-1.81%)
UNITY 27.43 Decreased By ▼ -0.01 (-0.04%)
WTL 1.38 Increased By ▲ 0.10 (7.81%)
BR100 10,407 Increased By 220 (2.16%)
BR30 31,713 Increased By 377.1 (1.2%)
KSE100 97,328 Increased By 1781.9 (1.86%)
KSE30 30,192 Increased By 614.4 (2.08%)

The Supreme Court was urged on Saturday for issuing directives for expeditious disposal of complaints and references filed against superior court judges pending with the Supreme Judicial Council (SJC). Muhammad Raheel Kamran Sheikh, Chairman Rules and Human Rights Committee of Pakistan Bar Council (PBC), filed a petition under Article 184(3) of the constitution, making Chairman Supreme Judicial Council as respondent.
He prayed the apex court to issue directions to the Supreme Judicial Council to make public disclosure of the total number of references/complaints filed before it since its constitution. It was also urged to make public the number of cases that attracted proceedings, the number of those that were dropped after consideration and the number of complaints that became infructuous. It was further prayed to consider and pass orders restraining persons performing their duties as judges of the Supreme Court and High Courts in all case where SJC deems it necessary and appropriate.
The Supreme Judicial Council was established under Article 209 of the constitution to inquire into allegations levelled against superior courts' judges for either alleged misconduct, or an inability to perform their duties for reasons of mental or physical incapacity. The SJC consists of Chief Justice of Pakistan as its Chairman, two next most senior Judges of the Supreme Court and the two senior most Chief Justices of High Courts.
The petitioner while requesting the court for consideration of questions relating to fundamental rights, questioned as to whether access to information such as the total number of References/Complaints filed with the respondent ie Supreme Judicial Council, and current status of those References/Complaints is a fundamental right of every citizen as guaranteed by the Constitution? If so, whether the respondent has allowed such access to the citizens by making all necessary disclosures in this regard in the public interest.
He further questioned whether the existence of an effective system of accountability as envisaged by Article 209 of the Constitution is not a sine qua non for independence of the judiciary. It was submitted that the Supreme Judicial Council has been barely functional since its establishment, adding every citizen has a fundamental right to have access to information in all matters of public importance, as guaranteed by Article 19A of the Constitution.
The petitioner, however, submitted that the basic information regarding the total number of References and current status of those has not been disclosed by SJC. Besides violation of Article 19A such also leads to an apprehension of violation of other fundamental rights of the citizens including the right to fair trial and the right to due process, as embodied in Articles 10A and 9", the petitioner submitted.
The petitioner said that the issues of pendency and non-disclosure have been repeatedly raised by Pakistan Bar Council and in this connection a resolution was adopted urging the SJC to decide pending references without any further delay. It expressed serious reservations of legal fraternity and citizens over the inoperativeness, dysfunction and silence of SJC. "To say that judges must be independent enough to render impartial justice and resist intimidation is not to say that they must be so independent as to be unaccountable, for judicial accountability is a cardinal principle of any system of the administration of justice, as it is one of the many ways the judiciary can secure its independence," the petitioner contended.

Copyright Business Recorder, 2016

Comments

Comments are closed.