ISLAMABAD:
Islamabad High Court (IHC) Justice Khadim Hussian Soomro has remarked that only the Supreme Judicial Council (SJC) is authorized to take action against a judge of the superior court and a bench cannot pass an order against a sitting brother judge.
“There is only one body authorized to take action against a sitting judge or chief justice — the SJC. How can a contempt petition be filed against a sitting judge?” Justice Soomro asked while hearing a contempt plea filed against IHC judge Saman Raffat Imtiaz on Thursday.
Petitioner Kulsoom Khaliq, appearing in person, told the court that her name had appeared on the list of lawyers eligible for a Supreme Court practice license.
However, Justice Saman made “unlawful observations” against her, which allegedly led to her license being denied. She requested that contempt proceedings be initiated against the judge.
Justice Soomro questioned as to under what law can one judge take action against another sitting judge. “Please cite any such legal provision.”
When the petitioner referred to an IHC division bench ruling in the Justice Tariq Mehmood Jahangiri case, the court noted that the Supreme Court’s five-member bench had nullified that decision.
“Would it seem appropriate if judges began initiating contempt actions or issuing orders against one another? Every judge runs their courtroom differently. We cannot issue directions to another judge,” Justice Soomro asked.
Later, the bench reserved its decision on whether to admit for hearing the contempt of court petition. The registrar office of the court had also objected to the petition.
