Judges, too, accountable: SC judge

Justice Umar Ata Bandial has said that judges of superior courts enjoy the public trust and, therefore, they are also accountable.

He said this while heading a 10-judge Full Court, which on Thursday heard identical petitions challenging the Presidential Reference against Justice Qazi Faez Isa for allegedly not disclosing his foreign properties in wealth statements. Besides the apex court judge, Pakistan Bar Council, Supreme Court Bar Association, Bar Councils & Association of Punjab, Sindh and Balochistan and Abid Hassan Minto and IA Rehman have also challenged the Presidential Reference.

Munir Malik, the counsel for Justice Isa, contended that accountability of judges is not the function of Asset Recovery Unit (ARU). He said the complaint against Justice Qazi reached the ARU chairman who took it to law minister. Justice Bandial questioned whether the complaint could not be sent to law minister under the constitutional scheme. "We shall inquire this matter from other side [government]," he said.

Malik said the Article 209 is the additional protection to safeguard the tenure of judges, adding the said article adds, instead of taking away, the rights available to ordinary citizens. It is not meant to deprive the judges of their rights.

He argued that dignity of a man under Article 4 of Constitution should not narrowly be construed to privacy of home, but the dignity of man is wherever he is. Whenever state functionaries initiate investigations and collect material against a citizen and particularly the judge, then it affects him in different ways. It impinges upon his dignity to the extent that other people are questioned in his regard.

Munir argued that under Article 209, the President of Pakistan is authorized to conduct investigations. Justice Muneeb Akhtar questioned if the President is an authorized person to conduct investigations against a judge against whom there are allegations of misconduct, adding if the President would carry out the investigation himself.

The counsel replied in the negative, saying the President could direct any authorized person to conduct investigation. Upon that Justice Muneeb inquired then whether the President can direct Asset Recovery Unit (ARU) to hold investigations.

Malik contended that not ARU but the President can ask FBR or NAB to probe the matter. He said that under Article 209 the power for investigation against a judge is vested with the President and Supreme Judicial Council (SJC). He said after receiving the complaint the President forms an opinion whether to file reference in the SJC or not.

Justice Faisal Arab questioned if after filing of the reference by the President the SJC can summon the required record from NAB or FBR. Munir said that state functionaries can only embark upon the investigation if there is authorization under the law and for some justified cause.