Islamabad:
The Supreme Court judges are required to have an ‘no objection certificate’ (NOC) from the Chief Justice of Pakistan (CJP) to travel abroad.
Recently, a presidential order has been promoted by President Asif Ali Zardari, called as Supreme Court judges (leave, pension and privileges) (amendment) Order 2025, where a change has been made in paragraph 14 of the president’s order 2 of 1997.
The changed item 14 says that CJP has been authorized to give or refuse leave, within Pakistan or to revoke or limit leave already awarded the judges.
Following the amendment, a general standing order was issued by SC registrar Muhammad Salim Khan, who says that as a case of a decided principle, it is constantly available to a judge to the State/Supreme Court, including leave, holidays and holidays, so it has become important to regulate the powers of Chief Justice as through SOPS.
The SOPs say that CJP is first exercising these forces with Due Diligence and in the interest in public service.
Secondly, all kinds of leave must be sought in advance, supported by cogente reasons.
Third, while continuing abroad, no proof of objections “from Chief Justice of Pakistan must be sought.
For the fourth, a judge should be a judge while on leave/vacation, give his current address and
Contact information.
Finally, only in the event of official visits abroad, the Ministry of Foreign Affairs will be requested for necessary relief and protocol.
Lawyers are wondering about the issuance of new SOPs. Some of the lawyers say it is an attempt to control the judges, especially those who question the current work on the judiciary at the events organized outside the country.
Formerly additional lawyer Tariq Mahmood Khokhar says that travel restrictions are not in itself in conflict with the independence of the court, provided that they are purely administrative, are used fairly and function within the internal framework of the judiciary, not under the executive control. In the immediate case, the purpose seems to be supervised, not administrative ”, he adds
Khokhar says it is potentially a tool for control and threats. The independence of the Court means independence in the decision -making process, but the judges’ travel restrictions can violate independence whose permission is used selectively or punishment or during performing interference. “
“The change needs protective measures against abuse. The US and UK have no such restrictions. In India, permission is awarded transparent, equal and clean for administrative purposes.” In Pakistan we have had a toxic story.
Travel restrictions were used to control judicial independence: Justice Mansoor Ali Shah was denied permission to travel to Saudi Arabia.
CJP Iftikhar Chaudhary and other Supreme Court judges were prevented from traveling abroad. The judges’ obligation to share their travel plans and addresses abroad is a serious intervention in their privacy, ”he adds.
