CJP dismisses plea for expeditious disposal of SJC cases

Says complete confidentiality and secrecy is to be
maintained about the actions taken by the Council

ISLAMABAD: Chief Justice (CJ) Anwar Zaheer Jamali on Monday dismissed a plea seeking directives to expeditiously disposing of the complaints and references against superior court judges pending with the Supreme Judicial Council (SJC).

The CJ announced a ruling, earlier reserved on Sep 29 over the maintainability of constitutional petition, seeking directives to expeditiously disposing of the complaints and references against superior court judges pending with the Supreme Judicial Council (SJC). 

In the judgement, the CJ ruled that it is one of the important aspect of the proceedings before the Supreme Judicial Council that at every stage of its proceedings, within the parameters of prescribed under Rule 13 and other enabling provisions, complete confidentiality and secrecy is to be maintained about the actions taken by the Council.

The CJ ruled that Article 19-A, which itself provides for reasonable restrictions, will have no over-riding effect to it. Muhammad Raheel Kamran Sheikh, Chairman Rules and Human Rights Committee of Pakistan Bar Council (PBC) filed a petition on April 30 under Article 184(3) of the Constitution, making Chairman Supreme Judicial Council as respondent. 

He had prayed the apex court to issue directions to the Supreme Judicial Council to make public disclosure of the total number of references/complaints filed before it since its constitution, in how many cases proceedings were initiated, how many were dropped after consideration and how many complaints have become infructuous. 

It was further prayed to consider and pass orders restraining persons performing their duties as judges of the Supreme Court and high courts in all case where SJC deems it necessary and appropriate. 

The SJC was established under Article 209 of the Constitution to inquire into allegations leveled against superior courts’ judges for either alleged misconduct, or an inability to perform their duties for reasons of mental or physical incapacity. 

The Registrar office on May 6, 2016 raised objections that the petitioner has not approached the appropriate forum available to him under law for the same relief. He has also not provided any justification for not doing so.

It was further objected that the instant petition prima facie appears to be a frivolous petition within the contemplation of Order XVII Rule 5 of the Supreme Court Rules, 1980. Later, the petitioner through Munir A Malik filed an appeal against the Registrar’s objections.

On Monday, The CJ however, while announcing the reserved ruling on the plea of the petitioner, sustained the objections raised by the Registrar office and dismissed the instant appeal . The CJ in his order ruled that keeping in view the contents of the petition under Article 184(3) of the Constitution, the memo of Miscellaneous Appeal vis-à-vis the provision of Articles 19-A, 209 of the Constitution and the Supreme Judicial Council Procedure of Enquiry 2005, as notified on 22 November, 2005, particularly Rule 13 thereof, 

“I am of the opinion that the prayer made by the petitioner in his petition under Article 184(3) of the Constitution is violation of the spirit of Articles 209 and 211 of the Constitution, read with the procedure of Enquiry,” the CJ ruled.