ISLAMABAD:
Justice Khadim Hussian Soomro of the Islamabad High Court (IHC) observed that only the Supreme Judicial Council (SJC) is authorized to take action against a top court judge and a court cannot pass an order against a sitting 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?” asked Justice Soomro 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 was included in the list of lawyers eligible for licensure in the Supreme Court.
However, Judge Saman made “illegal observations” against him, which allegedly led to the refusal of his license. She requested that contempt proceedings be initiated against the judge.
Justice Soomro asked under which law a judge can file suit against another sitting judge. “Please cite any such legal provisions.”
When the petitioner referred to a decision of the IHC division in the case of Justice Tariq Mehmood Jahangiri, the court noted that the five-member bench of the Supreme Court had overturned that decision.
“Would it seem appropriate for judges to start filing contempt proceedings or issuing orders against each other? Each judge runs his or her courtroom differently. We cannot give directions to another judge,” Justice Soomro asked.
The court later reserved its decision on whether to admit the contempt petition. The court registry also opposed the request.
