ISLAMABAD:
Islamabad High Court (IHC) Justice Khadim Hussian Soomro has observed that only the Supreme Judicial Council (SJC) is empowered to take action against a superior court judge and a court cannot issue a warrant against a sitting brother judge.
“There is only one body empowered to intervene 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 petition 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 advocates eligible for a Supreme Court license to practice.
However, Judge Saman made “illegal remarks” against her, which allegedly led to her license being denied. She requested that contempt proceedings be initiated against the judge.
Justice Soomro questioned under what law a judge can intervene against another sitting judge. “Please cite any such statutory provision.”
When the petitioner referred to a decision of the IHC division in the Justice Tariq Mehmood Jahangiri case, the court observed that the 5-judge bench of the Supreme Court had set aside that decision.
“Would it seem appropriate if judges started initiating contempt or issuing orders against each other? Each judge runs their courtroom differently. We cannot give directions to another judge,” Justice Soomro asked.
Later, the court reserved its decision on whether to admit to hearing contempt of court. The court’s justice office had also objected to the petition.
