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SC having patience, enough patience: CJ

20 August 2017,Sunday, 20:43



Mentioning that the government has raised a storm, Chief Justice Surendra Kumar Sinha on Sunday said the judiciary is having enough patience.

“You’re causing the storm. Have we said anything to breed the storm? Pakistan’s Supreme Court has... we’re having patience, enough patience. I’ll only say we need more maturity,” he said addressing Attorney General Mahbubey Alam during a hearing in the Masdar Hossain case, reports UNB.

The Chief Justice made the comments against the backdrop of debates over the Supreme Court’s observations made in its verdict that declared illegal the 16th amendment to the Constitution.

The attorney general placed a petition before the Appellate Division, led by the Chief Justice, seeking further time to issue a gazette on the disciplinary rules and code of conduct for lower court judges.

After the filing of the petition, SK Sinha said, “On the last date, we called for sitting in discussion over the gazette notification but you didn’t even discuss the matter.”

In reply, Mahbubey Alam said, “What can I do about the policymaking affairs?”

Later, the Chief Justice said, “You say one thing to the media and another to the court. Now tell me when we’ll fix the next date. All of you will sit.”

At one stage, the attorney general said an unstable situation has been created with all. “A storm has started taking place.”

In reply, SK Sinha said, “We aren’t making any comment. You’re doing everything. Pakistan’s Supreme Court has... we, the judiciary, are having patience, enough patience.”

Later, the apex court allowed the government until October 8 to issue a gazette notification on the rules determining discipline and conduct of lower court judges.

The judiciary was officially separated from the executive in November 2007 but the disciplinary rules for the lower court judges are yet to be formulated.

On December 2, 1999, the SC, in a landmark verdict in the Masdar Hossain case, issued a 12-point set of directives to the government, which included framing of disciplinary and appeal rules and code of conduct for trial court judges.

On May 7, 2015, the Law Ministry sent a draft of the rules to the Supreme Court which is similar to the Government Servants (Discipline and Appeal) Rules 1985.

Later, the SC had amended the draft in light with the 7-point Masdar Hossain case verdict which cited about formation of the lower court judges code of conduct and asked the Law Ministry to issue a gazette notification, after incorporating the amendments.

 

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