Code of Conduct
Dear Citizens of Pakistan, Ladies & Gentlemen, Brothers & sisters!
(Peace be upon you)
I intend to bring in the notice of the Supreme Judicial Council, through Print or electronic media, the series of facts in respect of conduct of the below mentioned Hon’ble Judges of Supreme Court & Islamabad High Court, to be enquired into by the Supreme Judicial Council constituted by & under Article 209 of The Constitution of Islamic Republic of Pakistan.
Before taking even a single step in the above directions I submit & lay down, with great concern & in the supreme interest of the nation & its integrity, the succeeding evidences & realities before the nation for their valued input, suggestions & guidance.
Names & Designations of the Hon’ble Judges
1. Mr. Justice Iftikhar Muhammad Chaudhry, The Chief Justice of Pakistan (Chairman)
2. Four most senior Judges of the Supreme Court,
(i) Mr. Justice Tassaduq Hussain Jilani,
(ii) Mr. Justice Nasir-ul-Mulk,
(iii) Mr. Justice Jawad S. Khwaja, &
(iv) Mr. Justice Anwar Zaheer Jamali,
3. Mr. Justice Iqbal Hameed ur Rahman, the Chief Justice Islamabad High Court, (S. No. 2 & 3 Members of The Judicial Commission constituted under Art. 175A of the Constitution)
4. Mr. Justice Ijaz Afzal Khan, Judge Supreme Court of Pakistan, &
5. Mr. Justice Muhammad Anwar Khan Kasi, Judge Islamabad High Court.
Facts requiring action under the Code of Conduct.
For appreciation of facts & ascertaining legal position I may very respectfully refer to my webpage www.azimafridi.com (under construction) & blog www.azimafridi.blogspot.com .Substance stated therein, correspondence made with IHC, Presidents IHBA & IBA & record available with print & media would be facilitating in guiding & reaching my person to a conclusion appropriate & vital for the integrity of the Country.
I must add to the facts that Mr. Ijaz Afzal Khan is even unlawfully made part of the Bench hearing the case fixed for today. (I do not expect any judicious order from the Bench therefore I was constrained to abandon my right to apply for hearing. Similar attitude is meted out in my Constitutional Petition before IHC). In-spite of sending repeated requests through Malik Mujtaba Ahmad District & Sessions judge (Retired) & Mr. Javed Qureshi Advocate, District Haripur, Khyber Pakhtunkhwa to Mr. Justice Ijaz Afzal Khan to dissociate himself from the Bench with grace, his response was impolite due to my allegations against him in representation dated 29/10/2012 submitted to the Hon’ble Chief Justice of Pakistan for consideration as Chairman Judicial Commission.
As said by the Honorable Chief Justice of Pakistan Prime duty assigned to a Judge as an inpidual is to present before the public an image of justice of the nation. That as a member of his court, that duty is brought within the disciplines appropriate to a corporate body. It was made plain that the justice of this nation was of Divine origin & connotes full implementation of the high principles woven into the Constitution, as well as the universal requirements of natural justice. The oath of a Judge implies complete submission to the Constitution and under the Constitution to the law.Terming November 3, 2007, a crucial day in the struggle towards the independence of judiciary, the Hon’ble chief justice of Pakistan said that the judiciary should never fall victim to expediency.His honor also said that those at the helm of affairs in the country in 2007 had no clue as to how much resistance they might face from the people of Pakistan, especially the legal fraternity of the country. According to his honor words “The lawyer’s community vowed to save Pakistan on November 3,” adding that it was a crucial day for the campaign for the judiciary’s independence. It was made loud & clear that anyone capable of governing the country would have to believe in the supremacy of law. His honor recalled that no one had put up any resistance at the time of declaration of the very first martial law in the country. “Those holding the reins of the country, instead of being loyal to the Constitution, repeatedly imposed martial laws,” he regretted. He also lamented that unfortunately no one stood up when another emergency was declared in 1999.
According to the Press release The Chief Justice Iftikhar Muhammad Chaudhry has further said that there was no denying the fact that the respect enjoyed by the higher judiciary today was well deserved and well earned by the combined struggle of the lawyers, members of civil society, activists of political parties, the print and electronic media. He made it clear that it should be our endeavor to protect that honor and respect. Of course, the judiciary too has to ensure speedy justice and across-the-board accountability to maintain and sustain its present position.
In pursuit of our above commitments, the judicial institution of the state, with the Supreme Court as the final arbiter, acts as the ultimate protector of the rights of citizens and serves as the upholder of the constitutional supremacy. The Supreme Court has always worked within constitutional limits.
His honor further added that the judiciary is a pivotal pillar of the State. It has to be strong enough to shoulder the structure of the State not only from its own perspective, but it has to provide strength to the other pillars as well. To be a living embodiment of these powers, functions, and obligations calls for possession of the highest qualities of intellect and character. Equally, it imposes patterns of behavior, which are the hall-mark of distinction of a Judge among his fellow-men.
I may also reproduce the Code of Conduct for Judges of the Supreme Court and High Courts (Framed by the Supreme Judicial Council under Article 128 (4) of the 1962 Constitution as amended upto date under Article 209 (8) of the Constitution of Islamic Republic of Pakistan 1973).
On equiponderance stand the heavens and the earth. By equiponderance, oppression meaning unjust and unequal burdens is removed. The Judge's task is to ensure that such equality should prevail in all things.
A Judge should be God-fearing, law-abiding, abstemious, truthful of tongue, wise in opinion, cautious and forbearing, blameless, and untouched by greed. While dispensing justice, he should be strong without being rough, polite without being weak; awe inspires in his warnings and faithful to his word, always preserving calmness, balance and complete detachment, for the formation of correct conclusions in all matters coming before him.
In the matter of taking his seat and of rising from his seat, he shall be punctilious in point of time, mindful of the courtesies, careful to preserve the dignity of the Court, while maintaining an equal aspect towards all litigants as well as lawyers appearing before him.
To be above reproach, and for this purpose to keep his conduct in all things, 'official and private, free from impropriety is expected of a Judge.
A Judge must decline resolutely to act in a case involving his own interest, including those of persons whom he regards and treats as near relatives or close friend.
A Judge must rigidly refrain from entering into or continuing any business dealing, howsoever unimportant it may be, with any party to a case before him. Should the dealing be unavoidable, he must discontinue his connection with the case forthwith. A judge must refuse to deal with any case in which he has a connection with one party or its lawyer more than the other, or even with both parties and their lawyers.
To ensure that justice is not only done, but is also seen to be done, a Judge must avoid all possibility of his opinion or action in any case being swayed by any consideration of personal advantage, either direct or indirect.
Functioning as he does in full view of the public, a Judge gets thereby all the publicity that is good for him. He should not seek more. In particular, he should not engage in any public controversy, least of all on a political question, notwithstanding that it involves a question of law.
A Judge should endeavor to avoid, as far as possible, being involved, either on his own behalf or on behalf of others, in litigation or in matters which are liable to lead to litigation such as industry, trade or speculative transactions.
To employ the influence of his position to gain undue advantage, whether immediate or future is a grave fault.
A Judge must avoid incurring financial or other obligations to private institutions or persons such as may embarrass him in the performance of his functions.
Extra-Judicial duties or responsibilities, official or private, should be generally avoided. He should equally avoid being a candidate, for any elective office in any organization whatsoever.
Gifts are to be received only from near relatives and close friends, and only such as are customary. Everything in the way of favours in consequence of the office must be refused. In accepting any entertainment offered, whether general or particular, care should be taken that its real purpose does not conflict with a Judge's duty to maintain detachment from likely litigants, and from partisan activity.
In his judicial work, and his relations with other Judges, a Judge should act always for the maintenance of harmony within his own Court, as well as among all Courts and for the integrity of the institution of justice. Disagreement with the opinion of any Judge, whether of equal or of inferior status, should invariably be expressed in terms of courtesy and restraint.
In his judicial work a Judge shall take all steps to decide cases within the shortest time, controlling effectively efforts made to prevent early disposal of cases and make every endeavor to minimize suffering of litigants by deciding cases expeditiously through proper written judgments. A Judge who is unmindful or indifferent towards this aspect of his duty is not faithful to his work, which is a grave fault.
No Judge of the superior judiciary shall render support in any manner whatsoever, including taking or administering oath in violation of the oath, of office prescribed in the Third Schedule to the Constitution, to any authority that acquires power otherwise than through the modes envisaged by the Constitution of Pakistan.
I undertake that I will proceed with the matter keeping in view the valued input, factual & legal, as well as well as the mandate & command of Constitution.
Input is solicited in view of Art. 5 of the Constitution of Islamic Republic of Pakistan.
Let us make the Islamic Republic of Pakistan an ideal Country of the world & the Federal Capital, a model official seat & Center of the State.
All Regards A&