For the first time, the Supreme Court has disclosed that Supreme Judicial Council (SJC) disposed of 398 cases and now only 28 cases including two presidential references are pending before it. The apex court in a press statement the other day stated that for the last few days, discussions on electronic and print media convey an impression that around 350 references are pending with the Supreme Judicial Council. "The figures repeatedly quoted by various people are not only erroneous but are also misleading and contrary to the facts," it added.
The Court clarified that 426 complaints/references had been received in the SJC. All of them were processed and after going through various stages of process as per "The Supreme Judicial Council Procedure of Enquiry 2005," 398 cases have been disposed of and only 28 cases, including the two presidential references, are pending before it. "All the cases are in process and will be disposed of in due course of time," it further clarified.
The SJC was established under Article 209 of the Constitution to probe allegations against the judges of the Supreme Court and high courts for either alleged misconduct or an inability to perform their duties for mental as well as physical incapacity. It comprises Chief Justice of Pakistan, two senior-most judges of the apex court and two senior chief justices of the high courts.
The SJC meetings are conducted in camera and shall not be open to public. However, if the judge, against whom the reference/complaint filed demands that the SJC proceedings should be held in an open court then the SJC may decide so.
The 17th Amendment to the Constitution brought a significant change in Article 209 of the Constitution. Prior to that, the Council could process only such matters which were referred to it by the President. After the amendment in Article 209, the Council, besides a reference from the President, may, also on its own account, inquire into the conduct or capacity of a judge of a superior court in Pakistan.
According to Section 8 of Supreme Judicial Council Procedure of Inquiry, 2005, the chairman SJC, who is chief justice of Pakistan, may call the meeting of the Council for discussion and enquiry into the information received.
The information in respect of the conduct of a judge shall be placed before the Council for examination. If the Council is of the view that before forming an opinion, it should also hear the judge under enquiry, it shall require the said judge to present himself before the Council. The Council shall provide him the information and material received against him. If the Council is of the opinion that it requires more material or seeks additional information, it can form any opinion and shall direct accordingly.
The Council may, if necessary, secure the attendance of the person who has provided the information, for enquiry into any aspect of the information provided. It may summon any expert, where the enquiry is in respect of the incapacity of a judge and may order any medical investigation by local or foreign expert.
Under the Section 9 of Procedure and Inquiry, if the Council decides to proceed against a judge, a show cause notice shall be issued to him along with supporting material calling upon him to explain his conduct within 14 days.
The leadership of Pakistan Bar Council had been seeking expeditious disposal as well as public disclosure of the total number of references/complaints filed before the SJC since its constitution, besides how many cases were initiated, how many references/complaints were dropped after consideration and how many references/complaints have become infructuous. It also sought the copies of the orders of the decided references/complaints.
Last year the SJC had recommended the President of Pakistan to remove Shaukat Siddiqui as judge of Islamabad High Court for levelling allegations against ISI in his speech at Rawalpindi District Bar.
It had disposed of complaint against Muhammad Farrukh Irfan Khan, on April 9, 2019 as he had tendered resignation as a judge of Lahore High Court (LHC). The Council in October 2018 dismissed four complaints against ex-CJ IHC Muhammad Anwar Khan Kasi. The allegations against Justice Kasi were that he had used undue influence for the illegal appointment of his younger brother Idrees Khan Kasi in BPS-19 in the IHC.
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