SJC resumes hearing of judges cases next week

ISLAMABAD: The Supreme Judicial Council (SJC) is set to conclude cases against four high court judges summoned for hearing that will resume next week amid growing calls for accountability as the SJC has never removed an accused judge.

Two judges of Lahore High Court and Islamabad High Court each have references pending against them. The first judge to appear before the SJC (on October 3) is of the Lahore High Court.

The hearing of his reference will be conspicuous by the absence of one member of the SJC who has recused himself on the request of the accused.  The charges against the high court judge pertain to a questionable bail application that was accepted in third round and only when the litigant changed his lawyer. 

The earlier two bail applications submitted on the same grounds were rejected by this judge. Subsequent order of the Supreme Court in this case made the basis of the reference against the high court judge. 

Justice Asif Saeed Khosa, then hearing the appeal, had described it as colourable exercise of jurisdiction and developed a guideline for future to be followed by judges in bail matters of criminal cases.   

The judge that will next appear (October 9) is facing reference in connection with two offshore companies which were in his ownership even after induction in the judiciary. Whether the companies were declared in assets or not remains a contested question as his close aides insist he had resigned before becoming the judge.

The documents in possession of this correspondent dispute that claim, however. The third judge to appear (October 10) is from the IHC. The charges relating to refurbishment of official residence etc beyond entitlement form part of the reference pending against him. That the accused judge demanded hearing in an open court makes his case unique and subsequent rejection of this demand by the SJC has further generated interest in this case. 

The SJC has always held secretive proceedings since its establishment and no judge has ever been fired as result of these inquiries.  When removal becomes inevitable, the accused judge is given a choice to resign and there is an incentive for exercising this option. 

The judge will receive pension and other post-retirement benefits in case of tendering resignation, a benefit he can’t claim in case of removal. Contrary to the cases of public where the offenders are sentenced, the only punishment for a judge is removal from service. Nevertheless, none has been removed.      

Justice Mazhar Iqbal Sidhu resigned just two days ahead of his appearance before the SJC, in March this year. He was facing a reference on financial matters of serious nature that might have led to his sacking. 

He can’t be held to account for the charges against him. Justice Sindhu and his family would enjoy the pension benefits for life that should not be less than Rs400,000 per month.  Facility of staff and other benefits in kind are apart from the entitlements a judge has in post-retirement life. Meanwhile, he can resume legal practice as well.

The fourth judge to show up before the SJC is also from the IHC who is facing a reference in connection with irregularities in appointments and nepotism during inductions at administrative level in the high court.