presentation on judicial ethics case law

Case laws on Judicial Ethics

ByMohammad Zeb KhanDirector Instructions – I, KPJA

Judicial Ethics

Definition Judicial Ethics

Unimpeachable character, high integrity and transparency in actions couple with nobility and dignity

SAAD SALAM ANSARI VS CHIEF JUSTICE, HIGH COURT OF SINDH, KARACHI. 2006 PLC (C.S.) 938

Judicial ethics consists of the standards and norms that bear on judges and covers such matters as how to maintain independence, impartiality, and avoid impropriety

Carnell University Law School. https://www.law.cornell.edu/wex/judicial_ethics

Definition of Judicial Ethics Judicial ethics is as an exhaustive guide for

the conduct of judges. It is intended, to provide guidance and assist judges in maintaining the highest standards of judicial and personal conduct, and to provide a basis for regulating their conduct through disciplinary agencies.

USA State Court. http://www.tsc.state.tn.us/rules/supreme-court/10

Code of Conduct for Judicial officers KP District Judiciary (basic ingredient of Judicial ethics)

Do Don’t1. God fearing, 2. law abiding,3. abstemious,4. truthful of tongue, 5. wise in opinion, 6. cautious 7. forbearing, 8. patient,9. calm, 10.blameless,11. untouched by greed,12.completely detached and balanced, 13. faithful to his words, 14.meticulous in his functions.15.Learn in law16. In control of proceedings in court17.Consistent in judgment18.Courteous and polite.19. Inclined towards expeditious

disposal20.Punctual and disciplined21. In control of staff

1. show any fear or favor to any party or their lawyers, both in judgment and conduct

2. mix up with people, roaming in hotels, markets and streets except in dire need

3. get enraged and should abstain from deciding in rage.

4. Conduct hearing and allow guests and colleagues in the retiring rooms.

5. Hear one party or his lawyer in the absence of the other.

6. Hear cases of his own or near relatives or close friends

7. Advise parties 8. Engage in business with any party to

the case

PHC letter no. 10367-10390/Admn: Dated Pesh: the 25th Nov 2005

Baseline pre-requisites of Judicial ethics in India

1. absolute integrity2. devotion to duty3. do nothing which is unbecoming of a public office 4. render best judgment in the performance of his official duties5. be prompt and courteous6. not involve himself in acts of moral turpitude7. not take part in party politics8. not be associated with activities that are prejudicial to the interests

of the sovereignty and integrity of the State or public order9. not to engage himself in interviews with media, except with the

lawful authority of his superiors10. not divulge official information which has been entrusted to him in

confidence11. not accept pecuniary advantage, in particular, from those with whom

he is involved in official duties12. not to engage himself in private trade or business while holding

public office13. not to indulge in alcoholism or gambling14. to manage his financial affairs in such a manner that he is always

free from indebtedness and not to involve himself in transactions relating to property with persons having official dealings with him

Prescribed by Mr.Y. K. Sabharwal, former Chief Justice of India

Basic principles of Judicial ethics

Broad categories: -

1. acts attributable to official functions as a Judge;

2. concerning his conduct while in public glare;

3. the expectations of him during his private life.

Acts attributable to

official functions as a Judge

Concerning his conduct while in

public glare

The expectations of him during his private

life

Faithful to the constitutionAdjudicate without fear or favour, affection or ill-willEven-handedConsistentOpen mindNo room for personal idiosyncrasiesApply law as establishedNo personal whims or capriceConsistencyComplaince with proceduresThorough, studious, prepared & well conversant

morally right JustFair & impartialMercifulDecisiveExactUpright ResoluteDiligently & faithfullyUninfluencedOpen courtFull control & commandFully committed

shun social interactionsTransparencyA judge remains judge 24 hours a dayCherish solemn dutyCalm Resolute firm in controlPolite & considerateAccountableHumane and considerateNon partisanAbove narrow considerationFinancial or property transactions no nexus with official dealingsBehaviour role model

Let us explore the connection with case laws

Judicial officer must have high ethical standards then ordinary officers.

SAAD SALAM ANSARI’S CASE [2006 PLC (C.S.) 938]

Muhammad Sagheer Rana’s case [2000 PLC (C.S.) 392

Taking action against Judicial officers--- factors to be taken into consideration:

1. general reputation 2. being reputed to be corrupt 3. complaints or specific allegations by

advocates and the litigants 4. merits of judgments and orders 5. periodic reports of Sessions Judge(s) 6. comments of the judges in revision

or appeal

Allegation of fleeing to his home without obtaining prior permission or getting leave sanctioned or self-granted leave ---- Misconduct

Rashid Hussain Mangi’s case [2006 PLC (C.S.) 291]

Non disclose of details in asset declaration and wrongful retention of property ---- Personal misconduct by a Judge

Ch. Muhammad Masaud Akhtar khan’s case [2013 SCMR 730]

Judge should decline the hearing of a case involving his personal interest.

Ardeshir Cowasjee’s case [ 2000 CLC 606 Kar]

The same code of conduct is applicable to subordinate judiciary

Amanullah khan Yousufzai’s case [PLD 2011 Kar 451]

Precendent establishing that code of conduct needs to followed.

Humanity foundation’s case [1997 CLC 716]

Telephonic conversation with litigants and prospective litigants ---- misconduct.

RAKESH KUMAR GARG’S CASE writ petition © 441/2007 decided on 04.10.2012 by THE HIGH COURT OF DELHI AT NEW DEHLI

INTEMPERATE LANGUAGE & CASTIGATING STRICTURE SHOULD BE AVIODED.

SIKANDAR A. KARIM’S CASE [1995 SCMR 387]

‘k’ a Judicial Officer Vs. Registrar General, High Court of Andhra Pradesh [2001 (3) SCC 54]

Bar resolution and complaint --- Judicial officer --- mode of appreciation.

ISHWAR CHAND JAIN’S CASE [1988 AIR 1395 SUPREME COURT OF INDIA]

DEFINING MISCONDUCT

PRAVEEN BHATIA’S CASE [2009 AIR SUPREME COURT 2626]

Scope of judicial review of the finding of the competent authority or the disciplinary committee.

B.C. CHATURVEDI’S CASE [1995 AIR SC4347]