The apex judicial body of the country has decided to take up once again the matter of interference by state institutions in judicial affairs and alleged intimidation of judges, by widening consultations on the matter.
This was decided on Friday during a meeting of the Supreme Judicial Council (SJC) in Islamabad. This was the first meeting of the SJC to be chaired by Chief Justice of Pakistan Yahya Afridi. CJP Afridi is also the chairman of the council. The meeting was attended by Supreme Court's Justices Mansoor Ali Shah and Munib Akhtar, along with Islamabad High Court Chief Justice Aamir Farooq and Balochistan High Court Chief Justice Muhammad Hashim Kakar.
While discussing agenda items, the council discussed the amendments in the code of conduct of judges under Article 209(8) of the Constitution and the letter written by six judges of the Islamabad High Court (IHC) to the former head of the SJC. The council considered different options
and modalities in this regard and decided to widen consultations on the subject as the code applies to the heads of different institutions in addition to the judges.
It was decided that the matter would be discussed again at the next meeting.
Earlier, the council considered various agenda items and discussed in detail rule-making for the council and the establishment of its secretariat.
The council agreed to a proposal from the registrar and decided that the council's rule-making process should be undertaken, and a draft should be placed before the council at its next meeting. The council authorised the SJC chairman to hire a competent individual with a proven ability to work as the secretary of the council for three months. The secretary will assist the council in conducting its meetings, overseeing the rule-making exercise, and firm-up infrastructure and human resource requirements of the council's secretariat.
The council examined ten complaints filed by different people under Article 209 of the Constitution against various judges. The council held that the complainants had adduced no substantial evidence. Therefore, the council has filed those complaints.
It was decided that regular monthly council meetings would be held to clear the backlog and fast-track matters. In case of frivolous complaints filed against judges, it was decided that action would be taken against the complainants in accordance with the law.
Second meeting of the judicial commission
Meanwhile, a second meeting of the Judicial Commission of Pakistan was held on Friday to consider a single-point agenda of forming the Constitutional Bench within the Sindh High Court (SHC). This was the first time the commission was held at full strength after the head of the Constitutional Bench was decided in its first meeting.
During the meeting, the composition of the constitutional bench was discussed. Following an extensive and thoughtful exchange of views, the commission unanimously endorsed a proposal put forth by the Sindh High Court Chief Justice Muhammad Shafi Siddiqui that all the existing judges of high courts are nominated to be judges of Constitutional Benches for expeditious disposal of the massive backlog of cases.
It was further decided that this arrangement would remain effective until November 24, 2024. The commission will take up the matter again on November 25, 2024.
The meeting was chaired by Chief Justice Yahya Afridi, who is also the chairman of the Judicial Commission. It was attended by Supreme Court's Justices Syed Mansoor Ali Shah, Munib Akhtar, Aminud Din Khan and Jamal Khan Mandokhail (via video link). SHC Chief Justice Siddiqui, Federal Law Minister Azam Nazeer Tarar, Attorney General for Pakistan Mansoor Usman Awan, Senator Farooq Hamid Naek (Pakistan Peoples Party), Senator Syed Shibli Faraz (Pakistan Tehreek-e-Insaf), MNA Sheikh Aftab Ahmad (Pakistan Muslim League-Nawaz), MNA Omer Ayub Khan (PTI), Roshan Khurshid Barucha, Sindh Law Minister Ziaul Hassan Lanjar, and Sindh Bar Council Member Qurban Ali Malano. The Registrar of the Supreme Court also attended the meeting as the secretary to the commission.