In my vlog last week, “Yasmeen Ki Baithak” for Baaghi TV, I had clearly predicted the suo moto notice by Chief Justice Qazi Faez Isa. At that time, the Commission had not yet been formed. https://www.youtube.com/watch?v=I75Tzd35uJ0
It happened sooner than expected—an intriguing twist to the melodramatic saga unfolding. Some pertinent questions beg to be addressed:
- Can the allegations be substantiated with ironclad facts?
- Will all parties involved be summoned to court to ascertain the facts, including the accused, former members of the judiciary, and beneficiaries?
- Will this case escalate into another confrontation, this time between the judiciary and the establishment?
- Will the proceedings be aired live, providing fodder for speculation by those unfamiliar with legal intricacies?
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These questions merely scratch the surface; however, they demand answers.
For the record, the Supreme Judicial Council (SJC) was not the appropriate forum to address the complaint. I refer to Article 209[5] of the Constitution of Pakistan:
“(5) If, upon information from any source, the Council or the President is of the opinion that a Judge of the Supreme Court or of a High Court – (a) may be incapable of properly performing the duties of his office by reason of physical or mental incapacity; or (b) may have been guilty of misconduct, the President shall direct the Council to, or the Council may, on its own motion, inquire into the matter.”
The scope of the SJC is limited to the provisions stated above.
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The Honorable Judges could have invoked Article 204 of the Constitution, dealing with contempt of court. Article 204 empowers the court to punish any person who abuses, interferes with, or obstructs the court’s processes.
It is pertinent to cite here the oath taken by our esteemed Judges, within which lies the answer to their query. The key line within the oath is:
“That, in all circumstances, I will do right to all manner of people, according to law, without fear or favor, affection or ill-will.”
Furthermore, there already exists a Code of Conduct for Supreme Court judges. https://www.supremecourt.gov.pk/download/code-of-conduct-for-judges/
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What is important is for the case TORs to be well defined & live transmission must be avoided to order to avoid lawyers playing to the gallery & certain quarters using this to sully Pakistan.
Above all, if allegations are proved all parties involved should be equally held accountable.
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The writer is a lawyer, academic and political analyst. She has authored a book titled ‘A Comparative Analysis of Media & Media Laws in Pakistan.’ She can be contacted at: yasmeenali62@gmail.com and tweets at @yasmeen_9
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