Lawyer files writ seeking criminal proceeding against judges terminated, forcefully retired over corrupt practices

Humayun Khan

PESHAWAR: A writ petition has been filed by a lawyer Saifullah Muhib Kakakhel in Peshawar High Court for implementation of UN Convention Against Corruption 2005, and national judicial policy whereby it has been held that judiciary should also be held accountable for corrupt practices and corruption.

The lawyer said Pakistan is a signatory of UNCAC but have not complied with the same in letter and spirit, so much so that the judicial policy is not complied with.

The lawyer pleaded that in near past judges who were found guilty of corrupt practices but were either compulsarily retired or simply dismissed from service however none of them are criminally prosecuted yet. The lawyer said NAB authories are focusing on government highers including legislatures and executives but judges are not paid heed to and are not proceeded against.

It is also pleaded that judges hear cases of their relatives on regular basis and give 100% relief to them, be it lawyers or litigants which is against the judicial policy.

The lawyer said references are filed by advocates against judges of superior courts which are only adjudicated upon and become infructuous after the judges retire which make the judges untouchables despite being involved in corrupt practices and nobody dares to inform the supreme judicial council against their corrupt practices.

Recently, a review implementation meeting was held of the state parties of the UNCAC in which it was pointed out that Supreme Judicial Council is not hearing the cases regularly and the judges against whom references are filed are not heard on time.

The lawyer prayed that the UNCAC and judicial policy (National Judicial Policy, 2009 revised in 2012) be implemented in letter and spirit and all those judges found guilty of corruption be prosecuted and held criminally liable for their corruption as any other ordinary citizen is liable for their wrong doings and they shall not be exempted from criminal liability.

The lawyer pleaded that these judges hear cases against those charged of corruption but blindfold themselves when it comes to corruption in the judiciary.

He also prayed that licence to practice shall not be issued to those judges who are dismisses from service or compulsory retired etc due to corruption.