ISLAMABAD: A complaint of ‘judicial misconduct’ has been filed in the Supreme Judicial Council (SJC) against Chief Justice of Pakistan Umar Atta Bandial and four judges of the Supreme Court.
Petitioner Advocate Sardar Salman Ahmed Dogar has included Chief Justice Bandial, Justice Ijazul Ahsan, Justice Muneeb Akhtar and Justice Syed Mazahir Ali Akbar Naqvi in the reference.
The lawyer has accused him of violating Articles III, IV, V, VI and IX of the Code of Conduct of SC Judges.
The Articles state that the conduct of a judge in all matters, public and private, shall be free from injustice. Incorporating, directly or indirectly, rules against bias and conflict of interest; Ensuring that justice is not only done but also seen to be done. Advise against engaging in public controversy, at least on a political question; the employment of the influence of a judge’s position to obtain an improper advantage, whether immediate or future; and to maintain harmony in his own court as well as among all courts and for the integrity of the institution of justice.
Even a cursory review of the recent proceedings in the Supreme Court and the conduct of these four judges strongly suggests that they have been publicly involved in controversies regarding their judicial conduct, which the Code of Conduct and It is a violation of the constitution. Describes the complaint.
The complainant has accused Chief Justice Bandial of “judicial and administrative misconduct” for failing to investigate allegations against Justice Naqvi as SJC Chairperson. The top judge has also been accused of “fixing the bench to favor certain political parties”.
All four judges have obtained a majority for manipulating judgments, whereby references against judges are ignored, the same bench constituted by the Chief Justice in important cases to give judgments in his favour. I can be manipulated. The Chief Justice will form a bench. “This power cannot be exercised without rhyme and reason, and it certainly cannot be exercised in a way whereby the Chief Justice manipulates decisions by creating favorable benches,” the complaint said.
Advocate Dogar also claimed that the three-member bench in the election delay case did not listen to the expectations of stakeholders and parties from the Pakistan Tehreek-e-Insaf (PTI).
“This is clearly against the principles of justice, violation of Article 10A, and judicial misconduct, considering that this has been a consistent practice of four judges,” the complaint said.
Advocate Dogar has also asked senior judge of Piwasne, Justice Qazi Faiz Isa, to preside over the SJC meeting in place of Chief Justice Bandial as he cannot chair it now as he is under investigation and Article 209(2). They should be changed accordingly.
The complainant has also demanded the removal of Justice Ahsan along with Justice Syed Mansoor Ali Shah in the SJC.
