Suo motu by SC against 6 judges against Constitution
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KARACHI: Allegations of interference by agencies are failure of Judges and they are responsible acting against their defective oath. Hashmat Habib President Tehreek e Tahaffuz e Adlia said that time is running fast still best way is to refer matter to Supreme Judicial Council so that all responsible should be brought to justice. Otherwise entire selection of Judges needs clearance from agencies.
He said that former Judge Shaiq Usmani termed 6 judges combined letter misconduct while Justice Yahya Afridi recused himself from bench hearing suo motu proceedings on point of actual interference in judicial function in code of conduct of judges of superior courts thus entire Supreme Court's initiative rendered as an exercise in futile.
He analysed proceeding related to 6 Judges letter and said in fact this is not case where any proceeding could be initiated under Article 184(3) of Constitution as expressed earlier and now 2 notable learned judges confirmed our views.
He said joint letter is neither complaint nor petition but it is device to attract public attention for objectives as planned. Hashmat Habib said little remedy was available through inquiry commission but Justice Tassadaq Hussain Jillani could not resist malicious propaganda by anti state factors and subsequently Supreme Court took up suo motu proceedings which is also against Constitution because no evidence can be collected by Supreme Court in exercise of its functions under Article 184(3).
Published in The Daily National Courier, April, 15 2024
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