ISLAMABAD: A complaint filed at the Supreme Judicial Council (SJC) against four high court judges. That includes Chief Justice of Pakistan Umar Ata Bandial, for “judicial misconduct.”
Apart from CJP Bandial, the complainant, Advocate Sardar Salman Ahmad Dogar, has named Justices Ijaz ul Ahsan. As well as Munib Akhtar, and Sayyed Mazahar Ali Akbar Naqvi in the reference.
The lawyer accused them of breaking Articles III, IV, V, VI, and IX of the SC judges’ code of conduct.
The articles indicate that the judge’s conduct in all matters, both official and private, must be free of impropriety; they establish the rule against bias and conflict of interest, whether direct or indirect; and they ensure that justice is not only done. But also perceived to done. caution against engaging in public debate, especially on a political issue; using a judge’s position to obtain an unfair advantage, whether immediate or future; and maintaining peace within his own court. As well as among all courts and for the integrity of the system of justice.
“Even a cursory examination of recent Supreme Court proceedings. As well as the conduct of these four judges strongly suggests that they have publicly been involved in controversies surrounding their judicial conduct. It is a violation of the Code of Conduct and the Constitution,” the complaint alleges.
The complainant has charged CJP Bandial with “judicial and administrative misconduct”. For failing to investigate the allegations levelled against Judge Naqvi as SJC chairperson. The chief justice has also been accused of “bench fixing in order to favour certain political parties.”
Manipulated decision
“The four judges have developed a majority to manipulate decisions. Whereby, references against judges ignored. As well as the chief justice forms the same bench in important matters to manipulate decisions in their favour. The same is also a blatant misuse of the chief justice’s discretionary power to form benches.” “The exercise of this power not be without rhyme and reason. It certainly cannot be used in such a way that decisions are manipulated by the chief justice by forming favourable benches,” the lawsuit adds.
Lawyer Dogar further said that the three-member panel in the election delay case did not hear what stakeholders and parties expected from the Pakistan Tehreek-e-Insaf (PTI).
“This is clearly contrary to the principles of justice, a violation of Article 10A, and judicial misconduct, given that this a consistent practise of the four judges,” the complaint stated.
Lawyer Dogar has also requested that Senior Puisne Judge Justice Qazi Faez Isa preside over the SJC meeting in place of CJP Bandial. Who can no longer do so because he is under investigation and must be replaced in accordance with Article 209 of the Constitution (2).
The plaintiff also requested that Judge Ahsan replaced in the SJC by Justice Syed Mansoor Ali Shah.
