Judges ousted, convicted in Pakistan, India, US and BD

LAHORE: Although all judges world-wide are sworn-in gracefully, a few are shown the door unceremoniously while facing charges ranging from misconduct and corruption to misbehaviour and transgression.

However, in Pakistan, some adjudicators like Shaukat Aziz Siddiqui of Islamabad High Court were sent home in October 2018 for his remarks about the interference in judicial proceedings by country’s premier spy agency.

In June 2022, the sacked judge wrote a letter to Chief Justice, whereby requesting his case be disposed of as quickly as possible as he was facing “financial constraints.”

Research shows that throughout the world, there have been some judges who opted to call it a day rather ‘honourably’ to salvage their prides and save their blushes as soon as corruption proceedings or impeachment processes had been initiated against them.

Research shows that in countries like Bangladesh, the long arm of law had even clutched a country’s Chief Justice.

In 2021, according to “Al-Jazeera” Television, Bangladesh’s former chief justice, Surendra Kumar Sinha, was sentenced in absentia to 11 years in jail for corruption, though opposition groups said the case was politically motivated. He was given a seven-year jail for laundering money and four years for breach of trust. Court had found Sinha guilty of laundering about US $471,000 in connivance with some bankers.

As Chief Justice, Sinha had ruled in 2017 that Parliament could not sack judges, a move that was otherwise hailed by advocates of judicial independence. Justice Sinha, the first Hindu chief justice of Bangladesh, had left the country in 2017, alleging he had been forced to step aside. He flew to America, where he had reportedly sought asylum.

In Pakistan too, arbiters of all statures have often been held accountable for misdemeanor and handed over the pink slips.

For example, in 2023, Peshawar High Court had dismissed a District and Sessions judge, Asghar Shah, in corruption charges, and had also ordered recovery of over Rs15 million from him.

In 2019, according to “Reuters,” a senior Accountability Court judge, Arshad Malik, was sacked over blackmail claims relating to the jailing of former prime minister Nawaz Sharif on corruption accusations.

In 2012, judge Masood Bilal of Khanewal had resigned after a video showing him dancing with a girl at a party was uploaded on YouTube. The-then Lahore high court Registrar said the court had initiated proceedings even before the judge had resigned.

In 2009, former chief justice of Islamabad High Court, Bilal Khan, was facing an inquiry into his alleged links with an underworld don, Nannu Goraya. He declined to step down and rebutted allegations.

Bilal had vowed to defend himself, alleging Sharif family of masterminding the whole “drama.” Proceedings against Justice Bilal were initiated on a newspaper story alleging him of having close links with the aforementioned criminal, who was arrested and killed by Gujranwala police in an ‘encounter.

In April 2019, Justice Farrukh Irfan Khan of the Lahore High Court tendered his resignation as the Supreme Judicial Council’s inquiry against him was about to be concluded.

Justice Irfan was facing a reference after his name surfaced in the Panama Papers’ list of individuals having properties abroad and allegedly involved in money laundering.

Research shows that the first-ever reference in country’s judicial history was filed against Justice Hasan Ali Agha in 1951, though he was exonerated.

During a Supreme Court hearing a few years ago, as archives reveal, an apex court arbiter Justice Khalilur Rahman Ramday had observed that most references against arbiters were filed during the Martial Law regimes, except the one against Justice Hasan Agha.

References were also filed against Justice Akhlaque Hussain, Justice Shaukat Ali, Justice Safdar Ali Shah, Justice Iftikhar Chaudhry and Justice Qazi Faez Isa etc.

The reference against Justice Akhlaque was filed in Ayub Khan’s regime; Justice Shaikh Shaukat had faced an inquiry in General Yahya Khan’s regime, the-then chief justice Peshawar High Court, Justice Safdar Ali Shah, was held guilty in 1978 during General Zia’s time, Iftikhar Chaudhry was unsuccessfully proceeded against by General Musharraf and the one against Justice Qazi Isa was filed by Pakistan President Arif Alvi during premier Imran Khan’s regime.

Justice Akhlaque, Justice Safdar Ali Shah and Justice Shaikh Shaukat Ali were thus sent home as a result of these references filed by military dictators. Justice Akhlaque contested his case but to no avail.

Justice Safdar was alleged to have sought favourable treatment for a co-accused in Zulfikar Ali Bhutto Case from a Supreme Court judge.

Justice Shaukat was sent home for doing business while being a judge.

Actually, he was a co-partner in an arms firm of his family. One of his brothers, late Sheikh Salim Ali — also a former Lahore Chamber of Commerce and Industry President— was mainly looking after the family company at The Mall, Lahore.

Justice Shaukat’s family also owned the Metropole Cinema at Abbott Road Lahore, and his sister-in-law had to look after the cinema affairs after having lost her only son in a plane crash few years ago.

Justice Fazal-e-Ghani was removed in 1970 for having sold a gun he had brought from Britain for personal use. He resigned and did not contest the charges. He was the father of former Pakistani Attorney General, Makhdoom Ali Khan.

In March 2007, the-then chief justice, Iftikhar Chaudhry, was charged with “misconduct” and “misuse of authority” by ex-president Musharraf and a reference was filed.

The resultant civil disorder after Iftikhar Chudhary’s dismissal had led to a Lawyers’ Movement, which succeeded in getting him restored as Chief Justice on July 20, 2007.

Reference against Justice Qazi Isa was quashed in June 2020 by the Supreme Court, which had termed it “invalid.”

In India, impeachment proceedings against Supreme Court or High Court judges have been initiated four times in history.

Judge Ramaswami was the first arbiter against whom impeachment proceedings were initiated. In 1993, the motion had failed to secure the required two-third majority.

Following media reports about his ostentatious expenditure on his official residence during his tenure as chief justice of Punjab and Haryana, the Supreme Court Bar Association passed a resolution calling for his removal. A committee found Ramaswami guilty in 11 out of 14 charges.

Justice Soumitra Sen of the Calcutta High Court resigned in 2011 after the Rajya Sabha (Senate) had passed an impeachment motion against him. He was the first judge to have been impeached by the Upper House for misappropriation of public funds (Indian Rs33,22,800) that he had received in his capacity as receiver appointed by the Calcutta high court.

In 2015, 58 members of the Rajya Sabha moved an impeachment notice against Justice Pardiwala of the Gujarat High Court for his “objectionable remarks” on a certain issue.

In 2017, Rajya Sabha MPs had moved a motion for impeachment proceedings against Justice Nagarjuna Reddy of the High Court for Andhra Pradesh and Telangana.

In March 2018, 71 parliamentarians hailing from seven opposition parties had signed a draft proposal, for moving an impeachment motion against Chief Justice Dipak Misra.

However, the petition was rejected by Vice President, Venkaiah Naidu, primarily on the basis that the complaints were about the internal administration and not misbehaviour, and that impeachment would interfere with the independence of judiciary.

It is imperative to note that amidst charges of corruption, land-grab, and abuse of judicial office, Justice Dinakaran, the Chief Justice of the Sikkim High Court, had resigned in July 2011—fearing impeachment.

Justice Dinakaran had also faced a move to remove him. In September 2009, allegations were made against him by several members of the Bar Council of India, stating that he owned huge assets. Facing removal, he resigned from his post, expressing “lack of faith and confidence” in the inquiry committee probing charges. In 2011, Justice Dinakaran wrote to the Indian Law Ministry seeking to withdraw his resignation, but the request was rejected.

And in June 2017, a former Indian judge, who had been on the run since receiving a jail sentence, was finally arrested and imprisoned.

The “BBC News” reported: “Justice Karnan was the first sitting high court judge in India to face a jail term. He was found guilty of making allegations against fellow judges, and consequently convicted of contempt of court by the country’s Supreme Court after sending a letter to the Prime Minister Narendra Modi in which he urged action against the judges. Karnan was stripped of his judicial powers in February 2017.”

In United States, the only Supreme Court justice to be successfully impeached was Samuel Chase in 1804. He was charged with arbitrary and oppressive conduct during trials. However, the US Senate acquitted him.

Overall, in American history, some 15 federal judges have been impeached, and eight removed from office; others resigned in the wake of scandal instead.

In 2010, Justice Thomas Porteous lost his seat for accepting bribes and committing perjury.

The “Politico magazine” reveals: “In 1969, Justice Abe Fortas resigned from the US Supreme Court to return to private law practice. In stepping down, Fortas became the first Supreme Court justice to resign under threat of impeachment. In 1966, Fortas allegedly took a secret retainer from the family foundation of Wall Street financier, Louis Wolfson. The deal provided that in return for unspecified advice, Fortas was to receive $20,000 a year for life.”