ISLAMABAD, Aug 4 Chief Justice Iftikhar Mohammad Chaudhry has called a meeting of the Supreme Judicial Council (SJC) for Saturday.

Although the announcement on Tuesday said the agenda of the meeting was to add a new clause to the code of conduct for superior court judges, legal analysts believe references against the judges hit by the Friday judgment of the Supreme Court would also be taken up.

The apex court had declared the appointments of Justice Abdul Hameed Dogar as chief justice and other judges under the Provisional Constitution Order as 'unconstitutional' and decided to refer their cases to the SJC.

“When it is said that the SJC may consider any other item with the permission of its chairman, then it could be any thing, including initiation of proceedings on the references before it against the judges,” senior counsel and former Balochistan High Court judge Tariq Mehmood told Dawn.

Attorney General Sardar Mohammad Latif Khan Khosa had said that the ministry of law was finalising references to be submitted before the SJC against Justice Faqir Muhammad Khokhar and Justice M. Javed Buttar of the Supreme Court for taking oath under the PCO.

Law Secretary Justice (retd) Riaz Kiani had told reporters that the Chief Justice of the Lahore High Court, Khawaja Sharif, had finalised references against 12 judges of the high court.

Since former chief justice Abdul Hameed Dogar, Justice Mohammad Nawaz Abbasi and Justice Syed Saeed Ashhad have already retired, the proceedings could only be initiated against the remaining two judges of the apex court unless they choose to resign.

The SJC meeting, to be presided over by Chief Justice Iftikhar Chaudhry, will be attended by Supreme Court judges Justice Javed Iqbal and Justice Sardar Mohammad Raza Khan, Chief Justice of the Peshawar High Court Tariq Pervez and Chief Justice of the Lahore High Court Justice Khawaja Mohammad Sharif. Supreme Court registrar Dr Faqir Hussain will attend as secretary of the council.

According to the agenda, the meeting will discuss addition of a new clause to the code of conduct for superior court judges.

Unseating the PCO judges, the 14-judge SC bench had ordered addition of a new clause to the Code of Conduct in terms of Article 209(8) of the Constitution, commanding that no judge would offer any support in whatever manner to any unconstitutional functionary who acquired power. Any violation of the clause will be deemed to be a misconduct.

A senior counsel opposed the idea of sending the references to the SJC in haste, questioning faults on the part of judges who had taken oath under the PCO or on the recommendation of then chief justice Abdul Hameed Dogar.

“These judges were the victims of circumstances prevalent at the time when the emergency was proclaimed and the PCO decreed by General (retd) Pervez Musharraf. They were simply caught in a tussle,” he said.

The Supreme Court judgment had denuded the high courts of judges, he said, adding that in fact it was demeaning to some “very good judges”.

Opinion

Editorial

PTI in disarray
Updated 30 Nov, 2024

PTI in disarray

PTI’s protest plans came abruptly undone because key decisions were swayed by personal ambitions rather than political wisdom and restraint.
Tired tactics
30 Nov, 2024

Tired tactics

Matiullah's arrest appears to be a case of the state’s overzealous and misplaced application of the law.
Smog struggle
30 Nov, 2024

Smog struggle

AS smog continues to shroud parts of Pakistan, an Ipsos survey highlights the scope of this environmental hazard....
Solidarity with Palestine
Updated 29 Nov, 2024

Solidarity with Palestine

The wretched of the earth see in the Palestinian struggle against Israel a mirror of themselves.
Little relief for public
29 Nov, 2024

Little relief for public

INFLATION, the rate of increase in the prices of goods and services over a given period of time, has receded...
Right to education
29 Nov, 2024

Right to education

IT is troubling to learn that over 16,500 students of the University of Karachi (KU) have defaulted on fee payments...