SC says SJC may hold public trial of judges

–Five-judge bench says judicial council may still hold in-camera proceedings even if accused judge waives his right

ISLAMABAD: The Supreme Court (SC) on Thursday ruled that the Supreme Judicial Council (SJC) can hear a case against a judge in an open court — given that the judge on trial waives the right for in-camera proceedings.

A five-judge SC bench, while hearing petitions filed by Islamabad High Court (IHC) Justice Shaukat Aziz Siddiqui and Lahore High Court (LHC) Justice Farrukh Irfan, said that the judicial council may still decide to hold proceedings in-camera even if the accused waives the right. It asked the council to hear the requests by the petitioners again and decide on them in light of the new observations.

The decision, read out by Justice Sheikh Azmat Saeed, noted that the SJC is a “unique forum created by the constitution” as it is not a court, rather a domestic disciplinary tribunal “whose proceedings are administrative in nature and recommendatory in effect”.

Earlier, in a hearing of the case, the petitioners’ counsels had argued that an in-camera trial stigmatises the reputation of judges.

“Even though a judge is exonerated by the council but the proceeding was not open, it will create an impression among the minds of the people that the judge has been absolved of charges in consideration of some deal,” senior counsel Muneer A. Malik had argued.

The bench further said, however, that if the SJC feels that the accused judge is scandalous, then the proceedings can be held in-camera. The first part of the proceedings against the accused judge will be held in-camera, but the second part which relates to the hearing of the case will be held in open court with the consent of the accused.

In February, the top court refused to entertain a constitutional petition seeking accountability of superior court judges and army generals through parliament.

The petition also called for making ‘Sadiq’ and ‘Ameen’ part of the code of conduct of the judges.

Chief Justice of Pakistan Mian Saqib Nisar heard the appeal, filed by Watan Party through Barrister Zafarullah Khan, in his chamber after the Registrar Office raised objections on the petition.