On Sunday, the Appellate Division of the Supreme Court held a hearing over the state requesting yet another extension to formulate the code of conduct for lower court judges.
During the hearing, Chief Justice Surendra Kumar Sinha said: “The judiciary has been very patient. We are being very, very patient. The Supreme Court of Pakistan removed the prime minister. Was there any criticism over it? No.
“All I am saying is that we need to be matured.”
Also Read- The 10 times the Supreme Court granted extensions for one government gazette
The Supreme Court of Pakistan disqualified Nawaz Sharif as the prime minister over allegations of corruptions on July 28. Nawaz resigned the very same day.
The dismissal of Nawaz Sharif is not the only case in Pakistan. In 2012, the Supreme Court also dismissed Yousuf Raza Gilani as prime minister over contempt of court charges.
TIMELINE: THE 16TH AMENDMENT AND THE INDEPENDENCE OF THE JUDICIARY
1995: Masdar Hossain, a lower court judge, filed a writ petition with the High Court Division seeking a directive on the independence of the judiciary from the government as required by Article 22 of the Constitution, which says: “The State shall ensure the separation of the judiciary from the executive organs of the State.”
The petitioner argued that including the judicial service under the Bangladesh Civil Services (BCS) runs contrary to the Constitution as it allows the government to exercise control over judges.
May, 1999: The High Court issued a seven-point directive to the government to separate the judiciary, both higher and lower, from the executive within eight weeks.
November, 2000: The Masdar Hossain verdict was finally upheld on appeal in the Supreme Court and reaffirmed after a review in June 2001.
October, 2006: The then BNP-led government sought 26 extensions of time to implement the ruling and finally stepped down in October 2006 without separating the judiciary.
November, 2007: The interim caretaker government that assumed office after October 2006 declared the separation and enacted four sets of rules to effect this separation. These rules declared the Supreme Court independent and brought the magistrates exercising judicial functions under the control of the SC.
However, the government continued to exercise control over the posting and transfers of lower court judges.
September, 2014: The Awami League-led government enacted 16th Amendment to the constitution which empowered parliament to remove judges of the Supreme Court for their incompetence or misconduct based on a two-thirds majority.
2015: In a report Jakhongir Khaydarov, a technical expert for UNDP said that dual rule was prevailing in the lower courts, something that was inconsistent with the concept of judicial independence.
November, 2016: The Supreme Court gave the government one week to publish a gazette on the code of conduct for lower court judges. The government sought extensions on 10 occasions.
December 8, 2016: The Appellate Division of the Supreme Court summoned two secretaries over chronic delays in issuing the gazette. They were the ministry’s Law and Justice Division Secretary Abu Saleh Sheikh Md Zahirul Haque and Legislative Drafting Wing Secretary Md Shahidul Haque.
May 9, 2017: The Supreme Court issued a notification stating that consultation with the court is mandatory when officials of the judiciary are sent abroad.
July 3, 2017: The Supreme Court scrapped the 16th Amendment on the ground that it undermined the independence of the judiciary. Nullifying parliament’s power to remove judges, the apex court reinstated the Supreme Judicial Council for the removal of errant judges. “Neither individual judges nor the judiciary should be accountable to the executive,” according to the verdict.
