In no civil society: 'Judges serve contempt notices on fellow judges'

President Supreme Court Bar Association (SCBA), Asma Jahangir has said that she has never come across in civilised societies in which sitting judges serve contempt notices upon fellow judges and outcast them.
In a panel interview held at Associated Press of Pakistan Headquarters, she said, if those dysfunctional judges who had taken oath under Provisional Constitutional Order 2007 were guilty of misconduct, the recourse is given in Article 209 of the constitution.
These dysfunctional judges should be allowed to perform duties like those drawing salaries and other privileges, she said. She said "We should not see the situation in shorter perspective but think ahead. What will become if judges start issuing contempt notices to each others." She said they have strived for stability of the system and now there should be no flip-flop.
Responding to a question regarding appointment of adhoc or additional judges in the superior judiciary, she said this should be done on merit, as there is no need for ad-hocism, additions and extensions in the judiciary calling it damaging for its functioning. "There is no question of black sheep or white sheep because people have already suffered a lot," she said, adding "about 25 percent judges of the high courts, who were given extension for a period of one year, proved their efficiency should not suffer with others."
President SCBA chairperson admitted that the previous mode of appointment of judges has decreased judicial prudence with the result that a number of appointments were made in haste. Expressing her reservation over a number of cases decided by the apex Court, she said that they had supported the ruling of stamping out doctrine of necessity in July 31, 2009 decision but there was dichotomy as proceedings were initiated against judges appointed by the then de-facto chief justice.