Judiciary Accountability

Judiciary Accountability

Addressing the Islamabad High Court Bar last week, the Chief Justice of Pakistan Justice Saqib Nisar said that all judicial cases in the Supreme Judicial Council would be decided till June this year. Former Chief Justice Anwar Zaheer Jamali also made some claims claiming to be the 'year of judiciary of the year' in 2016.

But till the judiciary accountability process is not resolved, such promises look hollow.

The independence of the judiciary in Pakistan is always a matter of debate, a decade ago, it was an example of the restoration movement of former Chief Iftikhar Chaudhary, but in this discussion the sound of accountability was reduced.

If there is no accountability, the independence of the judiciary can become a shield, which can be followed by securing different laws behind it. The Chief Justice of the judiciary has acknowledged corruption in its judiciary.

Legal experts say that if a Judge's judgment and behavior affect other than the law, then the judge can not be free in the light of international standards and the basic principles of the United Nations-based judiciary. That is why the judiciary's independence and the judiciary's accountability make a deep connection.

The option to take any action against any judge in Pakistan is only to the Supreme Judicial Council, but the victims believe it has become almost inactive or ineffective due to the behavior, privacy and decisions of this council. It is said that the controversial judge who is under the offense or other cases pending, he is retired, but the case keeps going even if 90% of cases are not necessary from the necessary or unnecessary circumstance.

The Supreme Court and five senior judges of the High Court are members of this council under the Constitution. In case of any notice or complaint received, this council has the right to take action. Otherwise, if President Pakistan thinks that no judge in the higher judiciary has been able to pay his duties due to physical hygiene illness or was found abusive, then he would take the council into action Can say

The council gives its suggestions to Pakistan after independent investigation of these allegations, after which President Pakistan has the authority to retain or remove the judge, but the procedure of the Council is fully explicit Is kept in secret. According to the investigation process for the 2005, "the Council's action will be the camera and will not be brought to the public."

A petition was filed in the Supreme Court of Pakistan in 2016, which said that the Council's action should be made more transparent. The petition was also requested that the number of complaints filed till date, the number of them should be told and the information about the action be taken.

The Supreme Court dismissed the application by saying that "this is a fundamental point of Supreme Judicial Council that the action of the Council will be kept confidential with full confidentiality".

Yet, the active decision is to be worried about the experts because it is emphasized on not doing general action, which is against the global standard of judiciary's independence and accountability.

Experts say that the part of action against the judge is contained transparency. Although the promotion of every aspect of the case reaching the Supreme Judicial Council is not necessary, but what is the right to take action against the privacy process? And what is the benefit of the interest of the public?

According to international principles, action against any judge is kept secretally in secret, so that if the allegations are unnecessary, the reputation of the judges is not harmed, but such an impartial information such as "cases of Supreme Judicial Council The number and decisions given on them "Generally, it can not harm any judge or judiciary's reputation but also effective supply of justice, access to public information and complainant's rights are very important.

If it is not even possible to know what the Supreme Judicial Council is doing then it is not being treated unjustly with other state institutions? Considering these matters, European Judge Advisory Council has decided that "When the final decision is taken, it should be published so that not just the entire judiciary but also the public can tell how it was done and it was done. It is also clear that the judiciary is not a supporter of the secret of its members. "

In a matter of transparency, it is important to know that what is the definition of "irregularity" for a senior judge? Current Code of Conduct has been inserted in this category to fiscal corruption, recommendations and options, whereas the rights of human rights, pamphlets, or support or institutional scope of the organization should be included in this category.

In order to achieve this purpose, the judiciary's Code of Conduct will be to be made in a global standard, which includes human rights guarantee and safety. It is also part of the principle of living in its constitutional scope and enforcing the principle of using its power, such as "the principles of joint interest".

Justice Saqib Nisar's Accountability Agenda is important for the success of the action against the judges to be transparent and effective. This move of high court will not only improve the confidence of the public, but the justice will also increase.