ISLAMABAD: A complaint has been filed before the Supreme Judicial Council (SJC) against eight judges of the Supreme Court, who on Thursday heard and passed an order on a bill to curtail the power of the chief justice.

Lahore-based lawyer Mian Dawood on Friday filed a reference alleging that CJP Umar Ata Bandial and seven other judges are guilty of serious misconduct under Articles III, IV, V VI, and IX of the code of conduct. The lawyer last month had filed a complaint against Justice Mazahar Ali Akbar Naqvi.

The complaint states; “I am placing before the Council the misconduct on part of 8 judges of the Supreme Court, including Chief Justice Umar Ata Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed

He claimed that these judges have consistently acted in violation of Article 209 of the Constitution and the Code of Conduct to be observed by judges of the Supreme Court and of the high courts, as issued by the Supreme Judicial Council.

Advocate Dawood wrote that CJP and the seven judges have “consistently and blatantly” violated the Article III, IV, V, VI, and IX of the Code of Conduct of the judges.

They have violated the Article 209 (5) of the Constitution, i.e. when a judge becomes incapable of performing his judicial function or is found to be guilty of misconduct,” the complainant said.

He stated that Justice Bandial and four future chief justices, including Justice Ijaz, Justice Munib, Justice Ayesha, and Justice Waheed, misconduct is based on three accounts; first, he fixed the petition in his self-interest the bill was aimed to structure his own absolute powers.

Second, he himself presided over the bench hearing the matters; thereby, violating all rules of propriety and administration of justice. Third, the chief justice-led bench passed an “obviously glaring illegal, unconstitutional and mala fide order and anticipatory order.”

Copyright Business Recorder, 2023


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