Brother desert bird, I think that you and many others got misguided by Ganja Liar Nawaz, immoral Imran, habitual deceiver Atetaz, and his team of crook and corrupt supporters, who have been spreading lies throughout to fool innocent but ignorant Pakistanis. These people think (and probably correctly) that most Pakistanis have brain of pea size. :).
Actually, there is no such thing in Pakistani constitution that half bench, full bench, X bench or Y bench could exonerate a judge (or punish a judge). Neither there is anything in constitution that SJC has to have Chief Justice of Supreme court as part of SJC.
Well, as the wording goes, it seems that SJC consist of CJ plus 2 most senior judges of SC, plus 2 most senior CJ of high courts. But in reality, SJC consists of 3 most senior judges of SC, plus 2 most senior CJ of high courts. If anyone who should be part of SJC is to get investigated, than next senior most judge from similar court (Supreme Court or High Court) would take his place.
For instance, if any of the judges who are to be investigated than … if that judge is of SC, that includes CJ, as CJ is also a judge of SC, than next senior Judge of SC would take his place. If judge to be investigated is one of the two Chief Justices of high court than next senor most Chief Justice take his place.
It means that If Irtikhar was to get investigated than person who should take his place should have been three most senior judges of SC after Iftikhar.
SJC is an investigating body, and once they are given job of investigation, no authority should or could have stopped them from investigating. In Thug Iftikhar case, SC stopped the investigation of SJC and that is completely illegal, immoral and illogical. SJC as body is not only above Supreme Court but has authority to investigate all Judges, and that includes judges of SC, so it is ridiculous that judges of SC (or any court) could stop SJC from working. Not only that, but SJC consists of most senior judges of Pakistan from Supreme Courts as well as from High courts and stopping them from investigating should have been impossible in theory, still supporter corrupt Judges of corrupt Iftikhar did that, and surprisingly SJC accepted that, ignoring their duty to the nation.
Actually, investigating body anywhere in the world cannot be stopped by anyone from investigating, even people posted above them. If that would not have been the case, than all investigation would become joke. For instance, a policeman once on duty to investigate a senior officer, even IG, cannot be stopped by anyone, even IG. If anyone stops the investigation then it would be illegal.
Here is content of Pakistani constitution about SJC: In the clause, after definition of judges that would form SJC, clause 209-3 (a, b) is given for situation when one of the judges who could have been member of SJC is investigated. For instance, if the judge is of Supreme Court (that means CJ of SC, plus 2 next senior most judges of Supreme court) than next senior most judge takes his place. If Judge concerned is CJ of High court than next senior most CJ of high court would take his place.
Clause 209-3 of constitution: If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then (a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and
(b) if such member is the Chief Justice of a High Court; the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place.
Disgraced judge Iftikhar, deceiver Atetaz Ahsan, Immoral Imran, thugs of Nawaz Ganja party, and chaily/chamchay Lawyers used to lie to fool the people and use to create impression that SJC is incomplete with CJ. Unfortunately, Pakistani illiterate and ignorant public use to believe all lies from them because they were mentally incapables. Anyhow, here is proof from constitution confirming that Iftikhar and all his supporters were liars.
Even though every sensible person knows that CJ is holding office as designation, else he is judge of SC and thus clause 209-3 (a) should apply to him too. But for those who are mentally incapable and take time to understand, constitution itself made it clear for them. Here it is: Now let see what constitution says about judges of Supreme Court that make up the team in SJC:
Clause 209-2: The council shall consist of:
a: Chief Justice of Pakistan
b: The two next most senior judges of the Supreme Court.
In above clause 209-3 (b), word next most senior judges is used … so, question arises that, next most senior judges to who … who is that judge these two judges are next most senior? … Fact is that, from above it is clear that constitution is talking about 3 judges from SC, one is CJ and other two judges are 'next’ most senior judges after CJ … if CJ was not considered as Judge of SC than word ‘next’ would not have been there in clause 209-2 (b) just after clause 209-2 (a). Word ‘next’ in clause 209-2 (b) is there for anyone who thinks that CJ is not a judge of SC. Now, once it is determined that CJ is a judge of SC, let read clause 209-3 than clause 209-3 (a).
(3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then
(a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and
So, from clause 209-3 (a), it is clear that if the judge concerned is of Supreme Court (CJ or next two SC judges after CJ), than the senior most judge of SC after those 2 who are in clause 209-2 (b) should take his place, that means 4th senior most Judge.
Here is wording of constitution:
http://www.pakistani.org/pakistan/constitu…/part7.ch4.html
209 Supreme Judicial Council.
(1) There shall be a Supreme Judicial Council of Pakistan, in this Chapter referred to as the Council.
(2) The Council shall consist of,
(a) the Chief Justice of Pakistan;
(b) the two next most senior Judges of the Supreme Court; and
© the two most senior Chief Justices of High Courts.
Explanation:- For the purpose of this clause, the inter se seniority of the Chief Justices of the High Courts shall be determined with reference to their dates of appointment as Chief Justice [231] [otherwise than as acting Chief Justice], and in case the dates of such appointment are the same, with reference to their dates of appointment as Judges of any of the High Courts.
(3) If at any time the Council is inquiring into the capacity or conduct of a Judge who is a member of the Council, or a member of the Council is absent or is unable to act due to illness or any other cause, then
(a) if such member is a Judge of the Supreme Court, the Judge of the Supreme Court who is next in seniority below the Judges referred to in paragraph (b) of clause (2), and
(b) if such member is the Chief Justice of a High Court; the Chief Justice of another High Court who is next in seniority amongst the Chief Justices of the remaining High Courts, shall act as a member of the Council in his place.
(4) If, upon any matter inquired into by the Council, there is a difference of opinion amongst its members, the opinion of the majority shall prevail, and the report of the Council to the President shall be expressed in terms of the view of the majority.
(5) If, on information [231A] [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 [231B] , or the Council may, on its own motion,] inquire into the matter.
(6) If, after inquiring into the matter, the Council reports to the President that it is of the opinion,
(a) that the Judge is incapable of performing the duties of his office or has been guilty of misconduct, and
(b) that he should be removed from office,
the President may remove the Judge from office.
(7) A Judge of the Supreme Court or of a High Court shall not be removed from office except as provided by this Article.
(8) The Council shall issue a code of conduct to be observed by Judges of the Supreme Court and of the High Courts.