ISLAMABAD: A reference was filed in the Supreme Judicial Council (SJC) against eight judges of the Supreme Court (SC) including Chief Justice Pakistan (CJP) Justice Umar Ata Bandial for ‘violation’ of Article 209 of the Constitution and the Judges Code of Conduct۔
The reference was moved by a renowned lawyer Mian Dawood Advocate against CJP Bandial, Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar. Justice Ayesha A. Malik, Justice Syed Hasan Azhar Rizvi and Justice Shahid Waheed over ‘violation’ of Article 209 of the Constitution and Sections 3 to 6 and 9 of the Judges Code of Conduct.
The CJP ‘violated’ his code of conduct by fixing a case of a bill passed by the Parliament of Pakistan.
“The CJ Bandial and 7 Justices are guilty of OBVIOUS, GLARING ILLEGAL, UNCONSTITUTIONAL AND MALA FIDE. MISCONDUCT: they have threatened the very existence of the Supreme Court. They have undermined the honor, dignity, and ability of the SC to administer impartial administration of justice.,” the reference read.
The reference further pointed out that in the case of the 17-member full court in Dr. Mubashir Hassan’s case and in the 12-member bench in the case of Aitzaz Ahsan set the principle of issuing stay order against a law passed by the Parliament, but an eight-member bench violated the decisions of the above cases and violated the law.
The reference further alleges that Chief Justice Bandial, in his personal capacity، violated the Code of Conduct by protecting political and interests, while other judges namely Justice Ijaz Al-Ahsan, Justice Muneeb، Justice Ayesha and Justice Shahid Waheed also joined the eight-member bench.
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The reference said that according to the Code of Conduct where the interest of the judges comes to the fore، there is a mandatory ban that judges will separate themselves from the case, but the three judges, including Chief Justice Bandial violated the code of conduct.
The reference said that Chief Justice Pakistan Justice Umar Ata Bandial ‘protected’ Justice Mazahir Naqvi, who is facing severe corruption charges. By adding him to the bench, the CJP gave a message to ‘someone’ that trial of a judge over tax dispute cannot be done.
Mian Dawood Advocate further alleges in his reference that Justice Ijaz ul-Ahsan, Justice Muneeb، Justice Mazahir Naqvi also illegally involved themselves in the election dispute of the Assemblies in the Ghulam Mahmood Dogar case and a three-member bench headed by the CJP refused to accept an eight-member bench verdict.
The reference said that the CJP has done the worst abuse of administrative powers while he is also held responsible for the formation of all ‘controversial’ benches.
Mian Dawood Advocate said that eight judges, including Chief Justice Bandial, also failed to maintain a high standard of honest character and implement the principle of conflict of interest and heard cases of ‘personal’ political interest۔
The reference calls on the Supreme Judicial Council (SJC) to order the dismissal of 8 judges, including Chief Justice of Pakistan Justice Umar Ata Bandial after the inquiry and they must be stopped from working till a final decision on the reference.
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