Pakistan top court tightens code of conduct for judges

Pakistan top court tightens code of conduct for judges

By Staff Reporter

ISLAMABAD: The Supreme Judicial Council on Saturday approved sweeping changes to the code of conduct governing judges on the country’s superior courts, imposing strict new limits on their public statements, media engagements and social activities in an effort to shield the judiciary from political entanglements and external pressures.

The amendments, which bar judges from commenting on political questions or controversial matters and prohibit interactions with the media that could ignite public debate, were endorsed by a majority of the council during a meeting chaired by Chief Justice Yahya Afridi. The revisions represent the most significant overhaul of the code since 2009, reflecting growing concerns over judicial independence amid Pakistan’s turbulent political landscape.

Under the substituted Article V, judges are prohibited from speaking, writing, debating or commenting publicly on controversial matters and on political questions, even where questions of law arise. Judges are not to interact with the media, especially on issues liable to spark public debate or undermine institutional collegiality and discipline. Where allegations are made public against a judge, the matter may be placed in writing before a committee comprising the chief justice and four senior Supreme Court judges, through the registrar, for an institutional response. Judges may not publicly discuss judicial or administrative matters, nor disclose communications relating to personal or official affairs.

The council, acting on a decision first taken on July 12, deliberated on amendments proposed by the chief justice. With some modifications, these were approved by the majority and ordered to be notified in the official gazette, circulated to all superior court judges and posted on the Supreme Court’s website. The previous 2009 code had required judges to avoid publicity and political controversy, but did not contain the new media-interaction bar or response mechanism.

A new Article XII directs judges to abstain from presiding over or attending social, cultural and diplomatic functions. Article XIII treats the soliciting of conference or meeting invitations from foreign or international bodies as misconduct; any such invitations received personally must be routed via the relevant chief justice. Article XIV bars judges from accepting dinners or receptions hosted in their honour by individual members of the bar. Article XV says that judges must decide cases on merit alone, possess the moral integrity and intellectual capacity to resist internal or external influence, and, where legal powers are lacking, seek an immediate institutional response. Judges must promptly inform, in writing, the chief justice and the four most senior Supreme Court judges (via the registrar) of any such attempts; high court judges must also inform their respective chief justices.

High court chief justices are to place such reports before a three-judge committee within two days, with a decision due within a fortnight. Matters sent for judicial determination are to be decided as early as possible by adhering to the principles of fair trial and due process. If a high court chief justice or committee fails to act within time, the chief justice, with four senior Supreme Court judges, will take up the matter.

The code, originally framed by the council in 1962 and amended up to Oct. 18, 2025, under Article 209 of the Constitution, is binding on all superior court judges. Articles I to IV and VI to XI — covering personal conduct, recusals, financial dealings, extra-judicial roles, gifts, collegiality, timely judgements and fidelity to the constitutional oath — remain in place. The meeting was attended virtually by Justices Syed Mansoor Ali Shah and Munib Akhtar, while Lahore High Court Chief Justice Aalia Neelum and Justice Sardar Muhammad Sarfraz Dogar attended in person.

In addition to the amendments, the council examined 67 complaints under Article 209 filed by different individuals, of which 65 were unanimously closed, one was deferred, and one was ordered to be processed further by the majority. The council was later reconstituted under Article 209(3b) with the inclusion of Peshawar High Court Chief Justice SM Attique Shah joining, after the Islamabad High Court chief justice expressed an inability to attend for certain agenda items. The reconstituted council reviewed seven more complaints, closing five unanimously and deciding by majority to proceed further on two.

Copyright © 2021 Independent Pakistan | All rights reserved