Supreme Judicial Council

Accountability of higher judiciary in Pakistan , however, still remains a neglected area. The Supreme judicial Council composed of the Chief Justice of Pakistan, the two senior most Judges of the Supreme Court and the two senior most Chief Justices of the High courts has sole responsibility for disciplining judges of the superior courts. The Council has no provision for receiving public complaints. Until 2004, the Council relied on references from the President. The recent Seventeenth Amendment to the Constitution gave the Council power to act on its own motion. The Council, however, has not acted against any Judge since the adoption of the 1973 Constitution. The legal and judicial reform project recommended the establishment of a judicial ombudsman in matters relating to ‘mal-administration’ i.e, relating to administrative functions only.

 

Some countries have adopted innovative approaches to ensure accountability and transparency in judicial conduct. In Spain , for instance, ombudsman had constitutional authority to oversee the administrative functioning of the courts. IN Finland , as also in other countries, parliamentary ombudsman could make recommendations to the courts. Recent initiative in UK to appoint a Judicial Appointments and Conduct Ombudsman under The Constitutional Reform Act 2005 is a noteworthy development. The Ombudsman will ensure that judicial appointments complaints are thoroughly and independently investigated and judicial conduct complaints are properly handled.

 

In case of a complaint against judicial mal-administration in Pakistan , e.g. access to court records, non-service of summons, etc., a citizen cannot invoke the jurisdiction of existing Federal or Provincial Ombudsman. It is virtually impossible for an ordinary citizen to access court record as a matter of right to establish his/her claim against the mal-administration of a judicial officer. The office of judicial ombudsman can therefore play a positive and useful role in overcoming various administrative failings and wrongdoings of our judicial offices.