| Case ID |
d4444a06-b160-4400-9641-547129e5d9d9 |
| Body |
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| Case Number |
Supreme Judicial Council No. 242 of 2015 |
| Decision Date |
May 18, 2017 |
| Hearing Date |
|
| Decision |
The Supreme Judicial Council dismissed the application for open court proceedings, asserting that the SJC is not a court and does not determine civil rights or criminal liabilities. The applicant's request for transparency was deemed unfounded because the SJC proceedings are designed to protect judicial integrity and are conducted fairly, even if in-camera. The decision emphasized that the process adhered to principles of natural justice, allowing the applicant to defend himself effectively and maintain dignity. |
| Summary |
This case revolves around the proceedings against Justice Shaukat Aziz Siddiqui, challenging the in-camera nature of the inquiry conducted by the Supreme Judicial Council (SJC). The applicant argued that conducting the proceedings secretly violated his fundamental rights under the Constitution, particularly Articles 4, 10A, 14, and 25. The SJC, comprising senior judges, concluded that its proceedings are administrative and not judicial, thus not requiring open court standards. The ruling reinforced the need for confidentiality in judicial conduct inquiries to avoid potential harm to the judiciary's reputation and the individuals involved, while ensuring that fairness and transparency were still upheld. This case highlights the delicate balance between public interest and judicial integrity, a topic increasingly relevant in today's legal landscape, as discussions around transparency in judicial processes gain traction. The ruling also referenced significant case law, reinforcing the argument that inquiries into judicial conduct are distinct from traditional court trials. The decision ultimately affirms the importance of maintaining the sanctity of judicial processes while addressing the rights of those under inquiry. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Mian Saqib Nisar,
Asif Saeed Khan Khosa,
Ejaz Afzal Khan,
Muhammad Noor Meskanzai,
Syed Mansoor Ali Shah
|
| Lawyers |
Hamid Khan,
Murad Siddiqui,
Ajmal Ghaffar Toor,
Ashtar Ausaf Ali,
Moulvi Anwar-ul-Haq,
Asad Rahim Khan,
Salaar Khan
|
| Petitioners |
Justice Shaukat Aziz Siddiqui
|
| Respondents |
Not available
|
| Citations |
2018 SLD 2570,
2018 PLD 845
|
| Other Citations |
Zulfikar Ali Bhutto v. The State PLD 1979 SC 53,
Mrs. Shahida Zahir Abbasi and 4 others v. President of Pakistan and others PLD 1996 SC 632,
The President v. Justice Shaukat Ali PLD 1971 SC 585,
Chief Justice of Pakistan Iftikhar Muhammad Chaudhary v. President of Pakistan through Secretary and others PLD 2010 SC 61,
George Meerabus v. The Attorney General of Belize [(2005) 2 AC 513]
|
| Laws Involved |
Supreme Judicial Council Procedure of Inquiry, 2005,
Constitution of Pakistan, 1973
|
| Sections |
13,
209,
4,
10A,
14,
25
|