SJC files reply in SC

ISLAMABAD: The Supreme Judicial Council (SJC) on Monday denied the allegations levelled by Justice Qazi Faez Isa against it and submitted that it has an inviolable constitutional obligation to inquire into the conduct of a judge upon a reference filed by the president.

In its reply before the apex court trough Attorney General Anwar Mansoor Khan, the Council denied all the allegations levelled against it, its chairman, members and its secretary. The court on September 24 had adjourned the hearing until October 8 as Munir A Malik, counsel for Justice Qazi Faez Isa, was not well and on adjournment one of its members is not available on the bench.

The court then had issued to all the respondents, including President Arif Alvi, Prime Minister Imran Khan and others as well as AGP, directions to submit written reply before the next date of hearing.

In its reply, the SJC contended that it is its inviolable constitutional obligation to inquire into the conduct of a judge upon a reference filed by the president, in view of provisions of Article 5of the Constitution read with the oath of offices sworn by the chairman and members of the Council and the code of conduct prescribed for the judges of the superior judiciary. It submitted that the proceedings before the Supreme Judicial Council are immune from judicial review by virtue of provisions contained in Article 211 of the Constitution.

“As held in the report titled The President v Justice Shaukat Ali (PLD 1971 SC 585) the function of the Supreme Judicial Council is to properly review the conduct of a judge in the interest of purity and honour of the judiciary,” the reply contended, adding that it is an inquiry by one’s own peers and it provides protection because they understand one’s difficulties, problems and the situation one is in.

The Council further contended that the judicial independence and judicial accountability are the two sides of the same coin, where the former ensures rule of law, very essence of democracy and the later establishes public confidence in the judiciary, which means public condign the ethical standards of a judge.

Therefore, the Council contended that the composition of the Council, the nature of inquiry it has to conduct, the high constitutional position of the person whose conduct is inquired into, are the consideration that led the framers of the Constitution to oust the jurisdiction of this court, to judicially review the proceedings before the SJC.

Justice Qazi Faez Isa, senior judge of the Supreme Court, had challenged before the SC the presidential reference filed against him. He had prayed to declare that the presidential reference and the complaint seeking his removal mala fide, filed with malice aforethought, filed for ulterior motives and to achieve a collateral purpose and, therefore, not maintainable and liable to be dismissed.

in his petition, Justice Qazi Faez Isa questioned as to whether the constitutional guarantees of due process and fair trial and freedom of press expression and right to information (Articles 10-A, 19 and 19A of the Constitution respectively) were violated by those who prepared, filed and are pursuing the presidential reference and the reference filed by Waheed Shahzad Butt and as such these references should not have been entertained and proceed with by the Council?

Meanwhile, Registrar of the Supreme Court and Secretary SJC Arbab Arif also denied having committed any procedural irregularity or illegality during the course of the proceedings in presidential reference as secretary of the Council.

In his reply submitted before the apex court, he submitted that he holds all judges of the superior judiciary in the highest esteem and sincerely believes that all judges are worthy of the honour and respect bestowed upon them by the Constitution and it is unthinkable on his part to undermine, even slightly, such honour and respect.

It is pertinent to mention here that he presidential reference has also been challenged by nine other petitioners including Supreme Court Bar Association (SCBA), the Pakistan Bar Council (PBC), Abid Hasan Minto, Abdul Basit, who heads the High Court Bar Association, Quetta, Muhammad Asif Reki, President of Quetta Bar Association, Sindh High Court Bar Association, Balochistan Bar Council and the Sindh Bar Council.