Re: SC Justice Khalilur Rehman Ramday blasts the Govt, mocks the CJ…(merged)
at present the judges can contest the findings of SJC…
http://www.dailytimes.com.pk/default.asp?page=2007\05\25\story_25-5-2007_pg1_4
Justice Ramday favours judges’ right to appeal SJ
** Wants a ‘win-win’*C findings * end to chief justice of Pakistan case
By Mohammad Kamran*
ISLAMABAD: The Supreme Court (SC) on Thursday observed that a judge facing misconduct charges was deprived of the right to appeal against his removal while a clerk or a peon enjoyed this legal right.
“No remedy is available to a superior court judge. The decision of the Supreme Judicial Council (SJC) becomes the final word against him and he is left with no option but to bow down. We will raise this question in the future,” said Justice Khalilur Rehman Ramday, head of the 13-member full court hearing the CJP’s and other petitions against the presidential reference and the composition of the SJC.
Barrister Aitzaz Ahsan, the CJP’s lead lawyer, said a clerk or peon had not only the right to appeal but also could not be suspended without a statutory provision.
Justice Ramday said, “The bench may like to recommend the right to appeal for a judge before the full court.” He said there was no margin for error in the SJC. “What is the guarantee that SJC will deliver a perfect finding with no error?” he said.
Ahsan argued that the SJC had a very limited scope. “It is not even competent to pass a judgement, but only to compile a report on its findings, so how can it suspend a CJP?” he said.
Justice Ramday said he hoped the case would end in a “win-win situation”. Ahsan said one party would have to lose. Justice Ramday responded: “It is my wish that the nation and country should be victorious in this battle and no individual should be defeated.”
Ahsan argued that Article 209 of the Constitution did not provide for an emergency meeting of the SJC, as was done in the CJP’s case. “An unholy haste was witnessed in the suspension of the petitioner,” he said.
Ahsan said the main charge against the Benazir Bhutto government, dismissed on August 6, 1990, was interference with judicial affairs. “I repeat that the executive has no right to interfere with the judiciary. The time has come for you to protect your rights against the executive,” he told the court.
He questioned the composition and competence of the SJC, saying some of its members were biased. Justice Ramday said the question of biased judges had been discussed in the open court in the Justice Ikhlaq Hussain and Malik Asad Ali cases.
Justice Faqeer Hussain Khokhar said bias and an allegation seeking a judge’s disqualification were two different things which could not be heard in an open court.
Ahsan said the LHC chief justice, an SJC member, was openly against the CJP. “I gave 18-hour arguments in the SJC but the said judge did not bother to take a single note. Malice was reflected on his face,” he said.
Ahsan was on the rostrum when the bench rose to meet again today.