ISLAMABAD: Another lawyer on Monday filed a complaint of misconduct against four judges of the Supreme Court (SC), including Chief Justice of Pakistan (CJP), Justice Umer Ata Bandial with the Supreme Judicial Council (SJC), seeking their removal from offices.
Advocate Sardar Salman Ahmed Dogar filed the complaint with the SJC against CJP Justice Umer Ata Bandial, Justice Ijazul Ahsen, Justice Munib Akhtar and Justice Mazahir Ali Akbar Naqvi.
The complainant prayed that the SJC jurisdiction was being invoked to form an opinion that the abovementioned four judges violated the Conduct for Judges of the Supreme Court and High Courts, and they are guilty of misconduct.
He prayed that the Council should report to the President that it is of the opinion that the four judges should be removed from office under Article 209(6) of the Constitution of Pakistan to restore and strengthen judicial integrity and independence for benefit of the people of Pakistan.
“In particular, the four judges have consistently and blatantly violated the Articles III, IV, V, VI, and IX of the Code of Conduct,” the complainant submitted.
He contended that these articles of the Code of Conduct, inter alia, relate to keeping a judge’s conduct in all things, official and private, free from impropriety; enshrine 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, counsel against engaging in public controversy, least of all on a political question; employment of 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.
He submitted that the same matters are also liable to be inquired into by the Council as per Article 209 (5) of the Constitution when a judge becomes incapable of performing of his duties.
He stated that on 21-3-2023, a video footage went viral on twitter and other social media forums in general in which Muhammad Khan Bhatti, former principal secretary to the then chief minister Punjab Parvez Elahi, and an accused facing serious allegations of corruption, was found to be making serious allegations of judicial misconduct and partiality of these three Judges in cases involving the PTI. In the said video, Muhammad Khan Bhatti alleged that Justice Syed Mazahar Ali Naqvi was illegally managing Justice Munib Akhtar and Justice Ijazul Ahsen, and implied that they in turn had been improperly controlling the Chief Justice Bandial and fixing benches, and getting favourable decisions, particularly, in favour of one political party, and the former chief minister Parvez Elahi, president of the PTI, and his kin.
He alleged that a ‘bloc’ had been formed between these four judges who are time and again included in the benches by the chief justice, which are hearing important constitutional and political cases.
“As a consequence of these video and audio leaks, and corresponding developments, the judicial and administrative decisions by the four judges, relating to the contents of the leaks, have cast serious doubts on their integrity,” he submitted.
He further submitted that that had also raised serious concerns about their judicial propriety and impartiality, adding that the judicial branch of the government draws its entire strength from public trust and the confidence of the public reposed in the impartiality of the due process of judicial proceedings. “These allegations”, he said “have, prima facia, seriously tarnished the face of the judiciary in the public sphere”.