Islamabad: In yet another unsurprising development, another reference was filed on Monday against the chief justice of Pakistan and three other senior judges of the apex court before the Supreme Judicial Council (SJC).
The reference was filed by Sardar Salman Ahmad Dogar, a lawyer, against CJP Justice Umer Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar and Justice Mazahir Ali Akbar Naqvi seeking their removal from offices.
Basing his reference on the alleged violation of the Code of Conduct for judges of the superior judiciary issued by the SJC on Sept 2, 2009, the complainant alleged judicial misconduct on the part of the four judges, including the CJP.
The complainant alleged that the four judges were in violation of Articles III, IV, V, VI and IX of the code of conduct. These relate to keeping a judge’s conduct on all occasions, official and private, free from impropriety; enshrining the rule against bias and conflict of interest, either direct or indirect; ensuring that justice is not only done but is also seen to be done; counselling against engaging in public controversy, least of all on a political question; employing the influence of a judge’s position to gain undue advantage, whether immediate or future and maintenance of harmony within his own court, as well as among all courts and for the integrity of the institution of justice.
The complainant alleged that the CJP was engaged in the “arbitrary elevation” of judges to the Supreme Court in violation of the seniority principle.
Since no judge can sit on a bench that is considering a reference against themselves, he suggested a different SJC composition to look into this judicial reference. Following an investigation by the SJC, the complaint has asked that the president remove the four judges from their positions.
