ISLAMABAD:
Islamabad High Court (IHC) Judge Khadim Hussian Soomro has pointed out that only the Supreme Judicial Council (SJC) is authorized to take action against a high court judge and a court cannot pass an order against a sitting sister 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, who appeared in person, told the court that her name had appeared in the list of lawyers eligible for a practicing license from the Supreme Court.
However, Judge Saman made “unlawful remarks” against her, which allegedly led to her license being denied. He requested that contempt proceedings be initiated against the judge.
Justice Soomro asked under what law can a judge take action against another sitting judge. “Please cite any such legal provisions.”
When the petitioner referred to a judgment of the IHC division in Justice Tariq Mehmood Jahangiri’s case, the court noted that the five-member bench of the Supreme Court had set aside that decision.
“Would it be appropriate for judges to start initiating contempt actions or issuing orders against each other? Every judge runs his courtroom differently. We cannot give instructions to another judge,” Justice Soomro asked.
Subsequently, the court reserved its decision on whether to admit the contempt of court petition for processing. The court registry office also opposed the petition.
