Presidential references: Apex court dismisses petition for reconstituting SJC

The apex court on Tuesday dismissed a petition for the reconstitution of Supreme Judicial Council(SJC) that is hearing presidential references against Justice Qazi Faez Isa, a judge of the Supreme Court, and Justice KK Agha, a judge of Sindh High Court.
Advocate Col Inam-ur-Rahim (retd) on July 01 had challenged the formation of five-member SJC, comprising 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 in the Supreme Court under Article 184(3) of the Constitution.
Assistant Registrar (Civil-II) Fawad Ahmed rejecting the petition returned it to Inam and raised objections inter alia that "the judges of superior judiciary have been impleaded as respondents, whereas they cannot be so impleaded." Inam has prayed to the apex court to reconstitute the SJC as references of misconduct are pending with it against two of its members, Justice Azmat Saeed Sheikh and Justice Ahmed Ali Sheikh; hence the formation of the Council is unconstitutional, illegal and coram non judice.
Inam stated that in 2012 he had filed two references against Justice Sheikh Azmat Saeed for serious misconduct and violation of his oath of office. He further stated that he also filed CPLA on October 10, 2018 against Justice Ahmed Ali Sheikh for seeking information regarding a criminal case which had been registered in 1982 against Justice Ahmed Ali Sheikh for burning the national flag of Pakistan, due to which he remained behind the bars for almost 10 months.
He raised question whether the members of the SJC against whom references are still pending could adjudge and vouch for the conduct of a fellow and what the legal status of the said proceedings of the Council would be. 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.
Meanwhile, Pakistan Bar Council and Supreme Court Bar Association have given countywide strike on July 12, when the SJC will hear the presidential references against Justice Qazi Faez Isa and Justice KK Agha. The lawyers will assemble and stage a sit-in on that day in the Supreme Court to express solidarity with the judges.
They have also requested the lawyers from throughout the country to observe Black Day on 12-07-19, reiterating the longstanding stance of the bar for the rule of law, supremacy of the Constitution and independence of judiciary.