Justice Tariq says ‘No action required against 4 judges under Article 209 of Constitution’

ISLAMABAD: Senior puisne judge of the Supreme Court Justice Sardar Tariq Masood recommended to the Supreme Judicial Council (SJC) that no action be required against four judges of the Supreme Court under Article 209 of the Constitution, said the sources.

Justice Tariq Masood, a senior member of the SJC, was assigned the task to examine the complaints against four judges - former Chief Justice Saqib Nisar, ex-CJP Umar Ata Bandial, Justice Ijaz ul Ahsan and Justice Ayesha A Malik.

Article 209 of the Constitution establishes the Supreme Judicial Council and it is the duty of the Council to inquire into the capacity and misconduct of a judge. The Council comprises the Chief Justice of Pakistan, two most senior judges of the Supreme Court, and two senior chief justices of the high court.

Contempt plea filed against two SC judges

The present members of the Council are Chief Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Ijaz ul Ahsan, Chief Justice Sindh High Court Ahmed Ali Shaikh, and Chief Justice of Lahore High Court Muhammad Ameer Bhatti.

It was alleged in a complaint against former Chief Justices Saqib Nisar, Umar Ata Bandial and Justice Ijaz ul Ahsan that in a case whether it is compound interest or simple interest, the SC bench headed by Justice Saqib and comprised Justice Umar and Ijaz passed an order, which favoured a party.

The sources said that Justice Tariq Masood after examining the record has come to the conclusion that the order passed was the judicial order and there is nothing in it that requires the proceeding against them under Article 209.

In an application against Justice Ayesha the complainant claimed that Justice Ayesha as a judge of the Lahore High Court has given a judgment in a case regarding the gratuity and pension of bank employees. The verdict benefited a few persons.

The sources said that Justice Tariq Masood noted in his opinion that it was the judicial order and if the order was wrong then an appeal could have been filed before the Supreme Court, which in that case was indeed filed and the Supreme Court upheld Justice Ayesha decision. Therefore no case is made out against Justice Ayesha as well, wrote Justice Tariq in his opinion.

The sources shared that the opinions have been sent to the Supreme Judicial Court for taking decision on the complaints.

Copyright Business Recorder, 2023