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Two Top Pakistani Judges Challenge Newly Amended Judicial Conduct Code

They argue the council’s process and membership are in doubt during pending constitutional cases and that key provisions risk curbing independence and transparency.

Overview

  • The Supreme Judicial Council approved revisions on Oct. 18 that prohibit judges from media interaction on public controversies and add restrictions on social and diplomatic engagements.
  • Justices Mansoor Ali Shah and Munib Akhtar have publicly objected in a detailed letter, urging that any changes be deferred until the Supreme Court decides challenges to the 26th Constitutional Amendment and the status of a council member.
  • They contested Islamabad High Court Chief Justice Sarfraz Dogar’s participation while his transfer case is under appeal, warning this could undermine confidence in the council’s decisions.
  • The judges said the National Judicial Policy Making Committee improperly discussed the code before the council met, effectively pre-deciding the matter because of overlapping membership.
  • They singled out the revised Article V and new Article XIX as vague and prone to misuse, and criticized incorporating 2003 resolutions that further limit judges’ public engagement and foreign invitations.