Supreme Judicial Council’s Recent Actions and the Implications for Judicial Independence

On a recent Saturday, the Supreme Judicial Council (SJC) made headlines by seeking comments from an Islamabad High Court (IHC) judge regarding a misconduct complaint. This move highlights ongoing concerns surrounding judicial accountability in Pakistan. The SJC, a crucial body that ensures judges are held accountable, also endorsed significant amendments to the code of conduct governing judges, stirring up discussions about the implications for judicial independence and freedom of speech.

During its meeting, the SJC—led by Chief Justice Yahya Afridi—reviewed an impressive 67 complaints against judges. Out of these, the council unanimously decided to file 65 complaints, deferred one, and moved forward with another by majority vote. Notably, Justice Ejaz Ishaq Khan of the IHC has been called to comment on his alleged misconduct, raising eyebrows about the potential effects this could have on the judiciary’s credibility.

The proposed amendments to the code of conduct have caught considerable attention. One particularly controversial change prohibits judges from engaging in public controversy or discussing political issues, even if they involve legal points. Critics argue that this could effectively “gag” judges, limiting their ability to express concerns about the legal system. Legal experts, like Advocate Faisal Siddiqi, have expressed concerns that the measures aim to mute judges who might speak out against the status quo.

Moreover, the amendments restrict judges from participating in various social and political events, including any dinners hosted in their honor by bar members. Such rules are seen by some as an attempt to isolate judges from the legal community and the public, which could stifle meaningful dialogue about reforms in the judiciary.

While the motivations behind these amendments may be framed as protecting judicial integrity, the fear is that they will instead create an environment where judges are unable to voice their opinions or advocate for necessary changes. This not only jeopardizes their individual freedom of expression but may also hinder the overall health of the judiciary in Pakistan.

To sum it up, the recent actions taken by the SJC and the approval of new amendments to the code of conduct have sparked widespread debate. As Pakistan navigates these complexities, the balance between judicial accountability and independence remains paramount. For those interested in staying informed on legal developments and protecting the integrity of the judiciary, it’s essential to keep the conversation going.

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