Lawyer requests inquiry into IHC judge’s ‘misconduct, abuse of power’ in son’s hit-and-run case

A complaint has been filed before the Supreme Judicial Council (SJC) against Islamabad High Court (IHC) Judge Muhammad Asif, alleging that he abused his office to quash a hit-and-run case involving his son, it emerged on Monday.

The incident occurred on December 2 near the Pakistan National Council of Arts in Islamabad, when a black sports utility vehicle (SUV), driven at high speed, allegedly by Justice Asif’s son, struck two girls travelling on a scooter, killing them both at the scene. However, a judicial magistrate ordered his release on December 6 after the victims’ families pardoned him in court.

The complaint submitted to the SJC by Advocate Inamul Rahim — which is dated December 25 and seen by Dawn — alleged that Justice Asif arrived at the scene of the incident but “prioritised securing his son and his friends”, adding that the life of one of the victims “could have been saved if due care and assistance had been extended”.

“The respondent (Justice Asif), by abusing the influence of his office, allegedly employed state machinery to exert pressure upon the legal heirs of the victims for his personal advantage,” the complaint further alleged.

“Consequently, bail was granted to his son by the Area … Magistrate on [Dec 6] in a secretive manner, whereby statements of compromise were recorded after court hours through in-camera proceedings, with the apparent objective of portraying the case as compoundable.”

The complaint added that the statements of all legal heirs were not recorded, as the complainant’s brothers and sister did not appear in court, while the statement of the deceased’s mother was not recorded at all.

“Furthermore, where the principal offence under section 322 PPC (Pakistan Penal Code) [manslaughter] is compoundable only upon payment of diyat (blood money) and in accordance with law and Sharia, the respondent was required to submit himself to the due process of law,” the complaint read.

Rahim alleged that an “underhand arrangement was pursued through coercive tactics, which is conduct unbecoming of a person holding public office” and violates the standards set out in Article II of the Code of Conduct, which obliges a person to be “God-fearing and law-abiding”.

“That a judge is expected, first and foremost, to be a person of sound character and humanity, with knowledge of the law being the next essential attribute,” the complaint read, alleging, “Instead of offering solace or acting with empathy, he allegedly relied upon the presence and support of state officials to exert pressure upon the bereaved families.”

Rahim noted that Justice Asif was guilty of misconduct and violated the Code of Conduct under Article 8 of the Constitution in the following ways:

• He obtained “personal advantage by entering into a secretive arrangement under the influence of his official position” to avoid the lawful and open payment of diyat before the competent court and to secure the release of his son, committing grave misconduct within the meaning of Article 6 of the Code of Conduct.
• Justice Asif is legally bound under Article 6 to ensure that justice is not only done but is also “manifestly and undoubtedly seen to be done. However, by exploiting an unlawful compromise, he compromised his judicial independence and failed to uphold this fundamental obligation“.
• The allegation of misuse of office for personal gain has become widespread public knowledge, which constitutes evidence unique in its own nature. “Under Article 2 of the Code of Conduct, a judge is required to remain blameless; however, in the present circumstances, the respondent has failed to meet this standard. Consequently, he has lost the requisite qualification for confirmation and, despite this, he has not tendered his resignation to date.”
• Justice Asif was on judicial duty at the time and it was incumbent upon him to exercise due care to preserve the dignity of his court. It was further expected of him not to permit his son to take vehicles out of his residence late at night without holding a valid driving licence and thereafter not to act with a partisan spirit by extending illegal protection to him.

Rahim requested an inquiry into the allegations against Justice Asif, with the report to be sent to President Asif Ali Zardari.

The SJC is the top forum for judicial accountability and, under Article 209 of the Constitution, consists of the Chief Justice of Pakistan, two senior-most judges of the Supreme Court and two senior-most chief justices of high courts.