Attorney Sardar Salman Ahmad Dogar filed a referral with the Supreme Judicial Council (SJC) on Monday against Chief Justice Umar Ata Bandial and three additional Supreme Court justices, Justices Ijazul Ahsan, Munib Akhtar, and Syed Mazahar Ali Naqvi.
The SJC’s 2009 Code of Conduct for judges of the superior judiciary was violated, according to the complaint, which also charged the judges with judicial misconduct.
The complainant cited alleged violations of a number of articles of the code, including upholding impropriety-free conduct, preventing bias and conflicts of interest, ensuring that justice is seen to be done, refraining from engaging in public controversy, taking advantage of one’s position as a judge to their own unfair advantage, and upholding harmony within the court and the institution of justice.
The CJP allegedly “arbitrary elevated” judges to the Supreme Court in violation of the seniority principle, according to the reference.
Since no judge can sit on a bench hearing their own reference, Dogar proposed a different SJC composition to look into this case.
After the SJC conducted its investigation, the complainant asked that the president remove the four judges from their positions. According to the complainant’s allegations, the investigation should be conducted on those grounds.
The Supreme Judicial Council’s authority has been invoked in this case, making it the only forum with the authority to look into the actions of judges of the superior judiciary.
The reference against the Supreme Court’s senior judges has generated debate and rumours in the nation’s legal and political communities.
What effect the allegations will have on Pakistan’s judicial and legal systems and how the SJC will respond to them are both unknown.
