A reference has been filed in the Supreme Judicial Council (SJC) against the incumbent Chief Justice of Pakistan (CJP) Mian Saqib Nisar. Pakistan Muslim League-Nawaz leader Siddiq-ul-Farooq Friday filed the 70-page reference under the Article 209 of the Constitution against CJP Saqib Nisar. The PML-N leader stated that the respondent Chief Justice Saqib Nisar has ignored the principle of trichotomy of powers enshrined in the Constitution and has misused suo motu power under the Article 184(3) of the Constitution to interfere not only into purely executive matters, but also in the matters falling under the domain of legislature i.e. the Parliament, provincial assemblies and the municipal bodies.
He stated that the Chief Justice is committing serious misconduct by humiliating and insulting various people when they appear before him during hearing of their cases.
Former chairman of Evacuee Trust Property Board (ETPB), Siddiq-ul-Farooq alleged that the CJP becomes complainant, judge and executioner in the proceedings under the Article 184(3). The behaviour and similar provisions in similar jurisdiction are never misused like this.
As most of the incidences took place during the court proceedings; therefore, there is no need of evidence. He stated that in violation of the fundamental principles of the Constitution and oath of office of judges, the respondent Chief Justice Saqib Nisar has encroached upon the powers and functions of the legislature and the executive arms of the state. The respondent by his continuous unconstitutional interference and misconduct has severely impeded and obstructed the chosen representative of the people in discharging of their duties and performance. The respondent has also obstructed the performance of the business of governments and ridiculed the parliamentarians, officials and several litigants.
Siddiq-ul-Farooq stated that he is witness to unjustified interference of the respondent in the provinces, particularly in Punjab, which resulted in the difficulties for the government and the province.
The incumbent Chief Justice violated his oath of office by contravening various provisions of code of conduct, including the preamble and Articles II, III IV, V IX and X. The respondent's extremely rude, insulting and arrogant behaviour towards litigants and public servants is also far below the standards of behaviour prescribed in the Article II of the code of conduct for judges of superior courts.
He said in view of the facts and circumstances, he was constrained to file this reference before the Supreme Judicial Council for initiation of proceedings against the CJP under the Article 209 of the Constitution.
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