SJC inquiry proceeding is correct, says SC

ISLAMABAD: The Supreme Court (SC) on Thursday announced verdict on the petitions of sitting judges of Islamabad High Court and Lahore High Court, seeking their trial by the Supreme Judicial Council (SJC) in open court and maintaining that the SJC inquiry proceeding is correct.

A five-member larger bench of the apex court headed by Justice Sheikh Azmat Saeed and comprising Justice Mushir Alam, Justice Maqbool Baqir, Justice Sardar Tariq Masood and Justice Mazhar Alam Khan Miankhel, announced verdict on the petitions filed by Justice Shaukaht Aziz Siddiqui of Islamabad High Court (IHC) and Justice Farukh Irfan of Lahore High Court (LHC).

Justice Shaukat Aziz Sidiqui of Islamabad High Court had and Justice Farukh Irfan of Lahore High Court challenged in the supreme court the order of the Supreme Judicial Council passed on May 18, 2017, rejecting their pleas seeking trial in the open court.

The verdict written by Justice Sheikh Azmat Saeed held that the question regarding conduct of proceedings through an open court as requested by the petitioners needs to be revisited and decided afresh by the Supreme Judicial Council (SJC) notwithstanding and uninfluenced by its order dated 18.05.2017 in the light of the observations made herein above.

It is pertinent to mention here that the Supreme Judicial Council is currently inquiring into allegations of misconduct against the said petitioners. They had challenged the vires of the provisions of the Supreme Judicial Council Procedure of Enquiry 2005, more particularly, paragraphs 7 and 13, with the contentions that the impugned order and the aforesaid paragraph 13 of the above-said SJC Procedure of Enquiry 2005, offends against their fundamental rights and the SJC Procedure of Enquiry 2005 may be declared in its entirety to be unconstitutional. Similarly, the constitution of the SJC has also been called into question and was contended that one of the members is disqualified to participate in such proceedings in view of Article 209(3) of the Constitution of the Islamic Republic of Pakistan, 1973.