AG opposes open hearing of high justice judges for misconduct
ISLAMABAD: The Office of a Attorney General for Pakistan (AGP) has opposite a counterclaim of a higher probity decider seeking an open hearing by a Supreme Judicial Council (SJC) instead of in-camera proceedings.
Sources told The Express Tribune that a Chief Justice of Pakistan (CJP) Mian Saqib Nisar has summoned an SJC assembly currently (Tuesday) to cruise a box of a Islamabad High Court (IHC) decider indicted of misconduct. The AGP bureau has framed 9 charges opposite him.
The Express Tribune has learnt that a IHC decider has intent comparison warn Hamid Khan as his warn to beg his box before a legislature today.
Earlier, Makhdoom Ali Khan had represented him.
The SJC on Apr 3 sought a respond from a AGP bureau on his counterclaim for open trial. The AGP bureau on Monday submitted a two-page respond hostile a judge’s plea, a source said.
Self-accountability: Five higher probity judges seem before SJC
The respond has been drafted by Maulvi Anwar ul Haq Advocate, who has been hired by a AGP bureau as a special prosecutor for a cases of purported bungle by dual IHC judges.
“The control of a decider can't be discussed in open record as it is also improved for a indicted judges that record be conducted in-camera,” it said, adding, “Likewise, a record of a Judicial Commission of Pakistan [JCP] on a appointment of higher courts’ judges are also hold in camera.”
The AGP has already due outline exploration of a indicted judges.
Presently, a SJC is deliberation cases of purported bungle by 5 high probity judges – dual IHC judges, dual Lahore High Court (LHC) judges, and one from a Sindh High Court (SHC).
Wasim Sajjad is representing a other IHC judge. Khawaja Haris is pleading a cases of a dual LHC judges, while Munir A Malik is representing a SHC decider before a council.
Interestingly, a legislature is perplexing judges after a opening of roughly 5 decades. The legislature has not instituted a trial of any high probity decider given 1971.
According to Article 209 of a Constitution, a SJC comprises a arch probity of a Supreme Court (SC), a dual senior-most judges of a SC, and a dual senior-most arch justices of a high courts.
On a direct of a authorised fraternity, former arch probity Anwar Zaheer Jamali on Oct 31, 2015 announced a reactivation of a SJC to pursue complaints tentative with it for a prolonged time.
Recently, Pakistan Bar Council (PBC) member Raheel Kamran Sheikh wrote dual letters to all PBS members in that he lifted questions about a routine of burden of higher courts judges.
Judges misconduct: SJC seeks created respond from AGP
Barrister Sheikh pronounced a PBC should insist on a press lecture or a press recover per a SJC record from a council’s secretary.
In a latest communication, Sheikh certified that in-camera SJC record did not violate Article 10A of a Constitution, that called for satisfactory hearing and due process.
“Therefore, it is in a open seductiveness to secrete information about any sold censure to equivocate scandalising any decider for as prolonged as he serves on a bench,” Sheikh wrote, adding, “A decider indicted of bungle might injustice a open record for undue advantage by vilifying one or some-more members of a SJC, even on considerations totally unconnected to his defence.”
However, he said, a SJC maintains finish privacy and confidentiality over a whole routine of legal accountability, notwithstanding a elemental right to information underneath Article 19-A of a Constitution.
He combined that notwithstanding a bar of office contained in Article 211, record before a SJC are not defence from hurdles before a SC.
Article source: https://tribune.com.pk/story/1386478/attorney-general-opposes-open-trial-ihc-judge-misconduct/