Is the judges’ code being followed?

ISLAMABAD: Judges of the superior judiciary are bound by the judges’ code of conduct. Recent incidents have raised questions over whether the code is being adhered to.

The judges’ code of conduct envisages that in judicial work, and in relations with other judges, a judge should act always for the maintenance of harmony within their own court, as well as among all courts and for the integrity of the institution of justice. “Disagreement with the opinion of any judge, whether of equal or of inferior status, should invariably be expressed in terms of courtesy and restraint”, says the code of conduct for judges of superior judiciary.

The judges’ code of conduct also asks judges not to get engaged in any public controversy, least on a political question, notwithstanding that it involves a question of law. “Functioning as he does in full view of the public, a Judge gets thereby all the publicity that is good for him. He should not seek more. In particular, he should not engage in any public controversy, least of all on a political question, notwithstanding that it involves a question of law.”

While at the top levels in the present judicial setup there are complaints about judges not showing keen interest in deciding cases, the code of conduct envisages, “In this judicial work a Judge shall take all steps to decide cases within the shortest time, controlling effectively efforts made to prevent early disposal of cases and make every endeavor to minimize suffering of litigants by deciding cases expeditiously throughproper written judgments. A Judge who is unmindful or indifferent towards this aspect of his duty is not faithful to his work, which is a grave fault.”

According to the judges’ code of conduct, “A Judge should be God-fearing, law-abiding, abstemious, truthful of tongue, wise in opinion, cautious and forbearing, blameless, and untouched by greed. While dispensing justice, he should be strong without being rough, polite without being weak, awe inspiring in his warnings and faithful to his word, always preserving calmness, balance and complete detachment, for the formation of correct conclusions in all matters coming before him.”

It adds, “In the matter of taking his seat and or rising from his seal, he shall be punctilious in point of time, mindful of the courtesies, careful to preserve the dignity of the Court, while maintaining an equal aspect towards all litigants as well as lawyers appearing before him.”

The judges are cautioned by the code of conduct, “On equiponderance stand the heavens and the earth. By equiponderance, oppression meaning unjust and unequal burdens is removed. The Judge’s task is to ensure that such quality should prevail in all things.”

Recently some judges of the Supreme Court and Islamabad High Court have been found involved in controversies that revolved around not only the conduct of the judges themselves but also invited public criticism against the judges and the judiciary.