The Supreme Court was urged on Saturday for issuing directives for expeditious disposal of complaints and references filed against superior court judges pending with the Supreme Judicial Council (SJC). Muhammad Raheel Kamran Sheikh, Chairman Rules and Human Rights Committee of Pakistan Bar Council (PBC), filed a petition under Article 184(3) of the constitution, making Chairman Supreme Judicial Council as respondent.
He prayed the apex court to issue directions to the Supreme Judicial Council to make public disclosure of the total number of references/complaints filed before it since its constitution. It was also urged to make public the number of cases that attracted proceedings, the number of those that were dropped after consideration and the number of complaints that became infructuous. It was further prayed to consider and pass orders restraining persons performing their duties as judges of the Supreme Court and High Courts in all case where SJC deems it necessary and appropriate.
The Supreme Judicial Council was established under Article 209 of the constitution to inquire into allegations levelled against superior courts' judges for either alleged misconduct, or an inability to perform their duties for reasons of mental or physical incapacity. The SJC consists of Chief Justice of Pakistan as its Chairman, two next most senior Judges of the Supreme Court and the two senior most Chief Justices of High Courts.
The petitioner while requesting the court for consideration of questions relating to fundamental rights, questioned as to whether access to information such as the total number of References/Complaints filed with the respondent ie Supreme Judicial Council, and current status of those References/Complaints is a fundamental right of every citizen as guaranteed by the Constitution? If so, whether the respondent has allowed such access to the citizens by making all necessary disclosures in this regard in the public interest.
He further questioned whether the existence of an effective system of accountability as envisaged by Article 209 of the Constitution is not a sine qua non for independence of the judiciary. It was submitted that the Supreme Judicial Council has been barely functional since its establishment, adding every citizen has a fundamental right to have access to information in all matters of public importance, as guaranteed by Article 19A of the Constitution.
The petitioner, however, submitted that the basic information regarding the total number of References and current status of those has not been disclosed by SJC. Besides violation of Article 19A such also leads to an apprehension of violation of other fundamental rights of the citizens including the right to fair trial and the right to due process, as embodied in Articles 10A and 9", the petitioner submitted.
The petitioner said that the issues of pendency and non-disclosure have been repeatedly raised by Pakistan Bar Council and in this connection a resolution was adopted urging the SJC to decide pending references without any further delay. It expressed serious reservations of legal fraternity and citizens over the inoperativeness, dysfunction and silence of SJC. "To say that judges must be independent enough to render impartial justice and resist intimidation is not to say that they must be so independent as to be unaccountable, for judicial accountability is a cardinal principle of any system of the administration of justice, as it is one of the many ways the judiciary can secure its independence," the petitioner contended.