The Supreme Judicial Council (SJC) has conditionally permitted judges of superior courts to attend social, political, and diplomatic functions, subject to approval from the relevant chief justice. This decision was made during the SJC meeting on June 11, which approved amendments to the Judges' Code of Conduct.
Background of the Code of Conduct Amendments
In October of the previous year, the SJC had approved a new Code of Conduct that completely barred judges from presiding over or attending any social, cultural, political, or diplomatic functions. However, that decision faced strong objections from two SJC members, Justice Syed Mansoor Ali Shah and Justice Munib Akhtar. They warned that the changes undermined judicial independence, centralized authority, and could be misused to silence dissenting judges.
Shortly after the approval of the amended Code of Conduct, the 26th Constitutional Amendment was introduced in parliament in November, which prevented Supreme Court judges from securing their constitutional jurisdiction.
Details of the New Amendments
The SJC has now approved fresh amendments that allow judges to attend political and diplomatic functions with the permission of the relevant chief justice. However, it remains unclear whether the chief justice themselves will also require permission to attend such events. Moreover, concerns about executive influence in the appointment of chief justices persist.
Some outspoken judges have also raised complaints against their chief justices regarding case allocation and other administrative issues. Chief justices hold the authority to sanction or cancel judges' leave. Legal experts argue that the discretionary powers of chief justices should be regulated.
Reactions from Legal Experts
Abdul Moiz Jaferii commented that Justices Mansoor Ali Shah and Athar Minallah are no longer members of the SJC, leading to relaxed rules regarding public speaking. The SJC also approved including the "Federal Constitutional Court" in the title of the code, which now reads: "Code of Conduct for Judges of the Federal Constitutional Court (FCC), the Supreme Court (SC), and the High Courts."
The SJC amended paragraphs 2 and 3 of Article XV. According to the amended article, if a judge experiences external influence, they must immediately inform in writing the relevant high court chief justice, the Chief Justice of Pakistan (CJP), and the chief justice of the FCC or SC (if not the CJP), as well as the two senior-most judges of the FCC and SC through respective registrars. In case of the FCC or SC, the judge must inform the chief justice and the four senior-most judges of the relevant court through registrars.
The high court chief justice must place the matter before a three-judge committee within two days, which must decide within a fortnight. If referred for judicial determination, it should be decided as soon as possible, adhering to fair trial and due process. If the chief justice or committee fails to respond within the stipulated time, the FCC or SC forum that was informed shall take up the matter.
Ongoing Controversies
Last year, the SJC amended Article V of the code, stating that a judge shall not engage in public controversy through speech, writing, debate, or comment on any forum, especially on political questions, even if they involve a point of law. The article also prohibits interaction with media on issues that may provoke public debate or adversely affect institutional collegiality and discipline.
Advocate Faisal Siddiqi criticized the new Article V, calling it a gag on judges that curtails their freedom of speech. He questioned how such judges could protect citizens' freedom of speech. Siddiqi further stated that the 26th Amendment, the leave policy, and the new Article V all serve to control and silence independent judges.
Another lawyer remarked that the SJC and the Code of Conduct have proven ineffective when it comes to judges who violate their oath while serving executive interests. He noted that corruption, nepotism, and breaches of the judicial oath are tolerated and even normalized for those willing to serve their masters.
