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2007 Assessment

Pakistan: Integrity Indicators Scorecard

Pakistan: Integrity Scorecard Report > Sub-Category: Judicial Accountability
Indicators		Score
33	Are judges appointed fairly?	100
34	Can members of the judiciary be held accountable for their actions?	100
35	Are there regulations governing conflicts of interest for the national-level judiciary?	93
36	Can citizens access the asset disclosure records of members of the national-level judiciary?	0

Indicator and sub-Indicator Details

Are judges appointed fairly?

33a: In law, there is a transparent procedure for selecting national-level judges.

Score:

YES

Comments:

References: The chief justice of the high court recommends names of senior lawyers and senior judges in the lower judiciary to the provincial governor, who sends them to the chief justice of the Supreme Court of Pakistan. The chief justice of the Supreme Court sends the names with recommendations for the appointment of high court judges. The judges of the Supreme Court are elevated from the high courts. The final authority of the appointment and confirmation of the national-level judges is invested in the president of Pakistan.

Mudassir, attorney, Peshawar High Court, Peshawar

Peer Review Comments: No. Most of the times judges are selected at the will of the executive.

33b: In practice, there are certain professional criteria required for the selection of national-level judges.

Score:

100

Comments:

References: Mudassir, attorney, Peshawar High Court, Peshawar

33c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body).

Score:

YES

Comments:

References: The chief justice of the high court recommends for confirmation names of the high court judges to the provincial governor who sends them to the chief justice of Pakistan. The chief justice sends them to the president, who gives approval for the confirmation of a national-level judge.

Mudassir, attorney, Peshawar High Court, Peshawar

Can members of the judiciary be held accountable for their actions?

34a: In law, members of the national-level judiciary are obliged to give reasons for their decisions.

Score:

YES

Comments:

References: Mudassir, attorney, Peshawar High Court, Peshawar

34b: In practice, members of the national-level judiciary give reasons for their decisions.

Score:

100

Comments:

References: Mudassir, attorney, Peshawar High Court, Peshawar

Peer Review Comments: Most of the time reasons are provided with references and in some cases short decisions have also been also announced.

34c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system.

Score:

YES

Comments:

References: The disciplinary agency for the national judicial system in the country is The Supreme Judicial Council. Article 209 of the constitution empowers the Supreme Judicial Council to hear cases of misconduct or irregularities against national-level judges.

Mudassir, attorney, Peshawar High Court, Peshawar

Peer Review Comments: The Supreme Judicial Council of Pakistan is a body of judges empowered under Article 209 of the Constitution of Pakistan to hear cases of misconduct against judges. No judge in Pakistan may be dismissed except by the Supreme Judicial Council. The Council may start proceedings against a judge either by its own initiative or by reference from the President of Pakistan.

34d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference.

Score:

YES

Comments:

References: Article 209 of the constitution of 1973.

Mudassir, attorney, Peshawar High Court, Peshawar

34e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The judicial disciplinary agency (or equivalent mechanism) is fair in its application of this power. <p>50 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The judicial disciplinary agency (or equivalent mechanism), though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The judicial disciplinary agency (or equivalent mechanism) rarely investigates on its own or cooperates in other agencies\' investigations, or the judicial disciplinary agency (or equivalent mechanism) is partisan in its application of this power.$

Comments:

References: Mudassir, attorney, Peshawar High Court, Peshawar: The suspension of the chief justice of Pakistan by the president on March 10, 2007.

Peer Review Comments: This process is not transparent and is very selective. Often investigations are triggered at the election of the executive.

Peer Review Comments: No judge in Pakistan may be dismissed except by the Supreme Judicial Council. The Council may start proceedings against a judge either by its own initiative or by reference from the President of Pakistan.

34f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders.

Score:

100

Comments:

References: Mudassir, attorney, Peshawar High Court, Peshawar

Are there regulations governing conflicts of interest for the national-level judiciary?

35a: In law, members of the national-level judiciary are required to file an asset disclosure form.

Score:

YES

Comments:

References: THE GOVERNMENT SERVANTS (CONDUCT) RULES, 1964

Mudassir, attorney, Peshawar High Court, Peshawar

35b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary.

Score:

YES

Comments:

References: All gifts received by a government servant, irrespective of their prices, must be reported to the Toshakhana in the Cabinet Division. However, the responsibility for reporting the receipt of gifts, including the names of recipients, from foreign dignitaries or delegations who come to Pakistan or when Pakistan dignitaries or delegations go abroad, shall lie with the chief of protocol or his representative in the former case, and with the ambassador concerned in the latter case.

Mudassir, attorney, Peshawar High Court, Peshawar

35c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary.

Score:

YES

Comments:

References: Under Article 207 and Article 7 (b) of the constitution of 1973.

Mudassir, attorney, Peshawar High Court, Peshawar

35d: In law, there are restrictions for national-level judges entering the private sector after leaving the government.

Score:

YES

Comments: After leaving the job, national level judges can only enter the private sector after a certain period of time.

References: Under article 2 of the constitution.

Mudassir, attorney, Peshawar High Court, Peshawar

Peer Review Comments: I think there are not such restrictions as is evident through retired judges doing business and many becoming practicing lawyers after retirement.

35e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective.

Score:

100

Comments:

References: Mudassir, attorney, Peshawar High Court, Peshawar

Saeed Baig, advocate, Supreme Court, Peshawar

35f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective.

Score:

100

Comments:

References: Saeed Baig, advocate, Supreme Court, Peshawar

35g: In practice, national-level judiciary asset disclosures are audited.

Score:

100

Comments:

References: Saeed Baig, advocate, Supreme Court, Peshawar

Can citizens access the asset disclosure records of members of the national-level judiciary?

36a: In law, citizens can access the asset disclosure records of members of the national-level judiciary.

Score:

YES

Comments:

References: Mudassir, attorney, Peshawar High Court, Peshawar

36b: In practice, citizens can access judicial asset disclosure records within a reasonable time period.

Score:

100

Comments:

References: Mudassir, attorney, Peshawar High Court, Peshawar

Peer Review Comments: There is no practice of keeping records of assests owned by individuals.

36c: In practice, citizens can access judicial asset disclosure records at a reasonable cost.

Score:

100

Comments:

References: Mudassir, attorney, Peshawar High Court, Peshawar

Peer Review Comments: Laws exist, but in practice no asset records are maintained by the institutions.