Supreme Judicial Council of Pakistan
Encyclopedia
The Supreme Judicial Council of Pakistan is a body of judges empowered under Article 209 of the constitution of Pakistan
to hear cases of misconduct against judges.
Where the council is investigating a member of the council he is replaced by the next most senior judge.
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If the Council concludes that the judge is guilty of misconduct and should be removed from office they can recommend this to the President.
In 2007, President Pervez Musharraf
suspended Chief Justice Iftikhar Muhammad Chaudhry
and referred him to the Council on charges of corruption. However, Chaudhry contested the ability of the Council to form without the Chief Justice himself present, and the Council hearing was suspended by the Supreme Court. Later Council's Verdict was that Council was not valid without Chief Justice as according to Constitution of Pakistan Supreme Judicial Council can not be Completed, Validated, or Proceed without "de jure" Chief Justice, No matter whoever may be "de facto" or "acting Chief Justice" is and provided that Nobody can file "Petition" against "de jure" Chief Justice (In this scenario Chief Justice Iftekhar M. Chauhdary himself). SO, Chief Justice, Mr:Chauhdary was restrained and found of No guilty.
Constitution of Pakistan
The Constitution of the Islamic Republic of Pakistan is the supreme law of Pakistan. Known as the Constitution of 1973, it was drafted by the government of Zulfikar Ali Bhutto and, following additions by the opposition parties, was approved by the legislative assembly on April 10, 1973...
to hear cases of misconduct against judges.
Composition
The composition of the Council is set out in the constitution as:- The Chief Justice
- The two next most senior judges of the Supreme Court of PakistanSupreme Court of PakistanThe Supreme Court is the apex court in Pakistan's judicial hierarchy, the final arbiter of legal and constitutional disputes. The Supreme Court has a permanent seat in Islamabad. It has number of Branch Registries where cases are heard. It has a number of de jure powers which are outlined in the...
- The two most senior Chief Justices of the provincial High Courts
Where the council is investigating a member of the council he is replaced by the next most senior judge.
Powers
No judge in Pakistan may be dismissed except by the Supreme Judicial Council. The Council may start proceedings against a judge either by its own initiative or by reference from the President of PakistanPresident of Pakistan
The President of Pakistan is the head of state, as well as figurehead, of the Islamic Republic of Pakistan. Recently passed an XVIII Amendment , Pakistan has a parliamentary democratic system of government. According to the Constitution, the President is chosen by the Electoral College to serve a...
.
If the Council concludes that the judge is guilty of misconduct and should be removed from office they can recommend this to the President.
Famous cases
In 2007, President Pervez Musharraf
Pervez Musharraf
Pervez Musharraf , is a retired four-star general who served as the 13th Chief of Army Staff and tenth President of Pakistan as well as tenth Chairman of the Joint Chiefs of Staff Committee. Musharraf headed and led an administrative military government from October 1999 till August 2007. He ruled...
suspended Chief Justice Iftikhar Muhammad Chaudhry
Iftikhar Muhammad Chaudhry
Iftikhar Muhammad Chaudhry is the current Chief Justice of Pakistan.He became chief justice of Pakistan's Supreme Court in 2005 and soon became not only a central figure in the nation's political struggles but an icon to the country's legal profession and others campaigning for the rule of law...
and referred him to the Council on charges of corruption. However, Chaudhry contested the ability of the Council to form without the Chief Justice himself present, and the Council hearing was suspended by the Supreme Court. Later Council's Verdict was that Council was not valid without Chief Justice as according to Constitution of Pakistan Supreme Judicial Council can not be Completed, Validated, or Proceed without "de jure" Chief Justice, No matter whoever may be "de facto" or "acting Chief Justice" is and provided that Nobody can file "Petition" against "de jure" Chief Justice (In this scenario Chief Justice Iftekhar M. Chauhdary himself). SO, Chief Justice, Mr:Chauhdary was restrained and found of No guilty.