| Case ID |
438ed404-2d70-43fd-a7bf-68b91a7f5f80 |
| Body |
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| Case Number |
Special Reference No. 2 of 1958 |
| Decision Date |
Aug 11, 1959 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan addressed the conduct of Mr. Justice Akhlaque Husain, ruling that his actions constituted misbehaviour, warranting his removal from judicial office. The Court established that the term 'misbehaviour' should be interpreted broadly, encompassing various forms of misconduct not limited to judicial proceedings. The charges included filing false income tax returns and improper conduct as Chairman of the Election Petitions Tribunal, demonstrating a disregard for public trust and judicial propriety. The Court emphasized that judges must maintain the highest standards of integrity, and any conduct that undermines public confidence is grounds for removal. The decision reinforced the accountability of judges in Pakistan, highlighting that misconduct in any form, especially actions that are unbecoming of a judge, could lead to serious consequences, including disqualification from office. |
| Summary |
This case revolves around the misbehaviour of Mr. Justice Akhlaque Husain, a High Court Judge in Pakistan, who was alleged to have engaged in conduct unbecoming of a judicial officer. The Supreme Court of Pakistan examined the constitutional provisions governing the removal of judges, particularly focusing on the interpretation of 'misbehaviour' as stipulated in the Constitution of Pakistan (1956). The Court concluded that misbehaviour is not restricted to judicial functions but extends to any actions that could undermine public confidence in the judiciary. The case highlighted the importance of integrity within the legal profession and the judiciary, emphasizing that judges must uphold the law and ethical standards. The findings included serious allegations such as filing false income tax returns and misusing his position as Chairman of the Election Petitions Tribunal, which ultimately led to the recommendation for his removal from office. This decision serves as a precedent for future cases regarding judicial conduct and accountability in Pakistan's legal system. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUNIR, C.J.,
M. SHAHABUDDIN,
A. R. CORNELIUS,
AMIRUDDIN AHMAD,
S. A. RAHMAN
|
| Lawyers |
Faiyaz Ali, Attorney-General for Pakistan,
Muhammad Iqbal, Advocate Supreme Court,
Iftikhar-ud-Din Ahmad, Attorney for the State,
Abdul Haque, Advocate Supreme Court
|
| Petitioners |
THE STATE
|
| Respondents |
MR. JUSTICE AKHLAQUE HUSAIN
|
| Citations |
1960 SLD 252,
1960 PLD 26
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1956),
Income-tax Act (XI of 1922)
|
| Sections |
151,
169
|