SJC amends code of conduct, restricts judges from media interaction

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  A man uses his mobile phone as he walks past the Supreme Court of Pakistan building in Islamabad on May 13, 2023. — AFP

ISLAMABAD: The Supreme Judicial Council （SJC） has revised the code of conduct for judges, prohibiting them from speaking to the media or taking part in any public debate on political issues.

Chief Justice of Pakistan and SJC Chairman Justice Yahya Afridi chaired the meeting at the Supreme Court of Pakistan.

The meeting was virtually attended by Justice Syed Mansoor Ali Shah and Justice Munib Akhtar of Supreme Court of Pakistan through video link, while Justice Aalia Neelum, Chief Justice, Lahore High Court and Justice Sardar Muhammad Sarfraz Dogar, Chief Justice, Islamabad High Court attended in-person.

According to an amended code of conduct issued on Saturday, a judge “should not engage in any public controversy, whether by way of speech, writing, debate or comment at any forum, and least of all on political questions, even if such questions involve a question of law.”

“[Judges] shall not have any interaction with the media, especially in relation to issues which may give rise to public debate or adversely affect institutional collegiality and discipline,“ read the statement.

The new provisions reverse an amendment made during the tenure of former chief justice Qazi Faez Isa, which had allowed judges to respond to public allegations.

As per the newly added Article 15, judges are now required to submit a written response to a committee — comprising the chief justice of Pakistan and four senior judges — through the Supreme Court Registrar for an appropriate institutional reply.

The Article 15 noted that judges must perform their duties solely on the basis of merit, free from all internal or external influence.

According to the clause, a judge is required to uphold intellectual integrity and moral independence, exercising all legal powers available to counter any attempts to exert pressure.

If immediate legal means are unavailable, the judge must report the matter in writing to the chief justice of the relevant high court, the chief justice of Pakistan, and the four senior-most judges of the Supreme Court through the respective registrars.

In case the high court’s chief justice or committee fails to respond within the prescribed time, the chief justice of Pakistan and the four senior-most Supreme Court judges will take up the matter, ensuring institutional accountability and adherence to judicial independence.

Under Article 13, judges have been barred from soliciting invitations to attend meetings, conferences, or events from foreign or international organisations.

The code stated that if a judge receives such an invitation, it must be forwarded through the concerned chief justice for approval rather than accepted directly.

The SJC clarified that seeking invitations independently would constitute misconduct, reinforcing the principle that judges must avoid circumstances that could compromise neutrality or create the perception of bias.
SJC examines 67 complaints

The SCJ also examined 67 complaints under Article 209 of the Constitution filed by different individuals. “65 complaints were unanimously decided to be filed and one complaint was unanimously decided to be deferred while by a majority decision one complaint was decided to be processed further,“ the statement added.

The re-constituted Council examined seven complaints under Article 209 of the Constitution filed by different individuals. Five complaints were unanimously decided to be filed while two complaints were decided to be processed further by majority decision.

After the decision on the present 74 complaints, the total pending cases requiring initial consideration are 87, and the SJC has attended to 155 since October, 2024.