ISLAMABAD -   A reference has been filed in the Supreme Judicial Council to restrain Justice Iqbal Hameed-ur-Rehman from performing his official functions and duties as a judge of the Supreme Court.

Secretary General Islamabad High Court Bar Association Islamabad on Tuesday filed the reference under Article 209 of the Constitution against Justice Iqbal. He stated that after the pronouncement of SC judgment it was expected that Justice Iqbal would resign in view of his enviable family background.

Last week the secretary general of IHCBA had filed a reference against the Islamabad High Court Chief Justice Anwar Khan Kasi.

The 26th September SC judgment, authored by Justice Amir Hani Muslim, had declared appointments made during the tenure of Justice Iqbal as Chief Justice of Islamabad High Court as illegal.

The judgment also declared that the IHC chief justice and the administration committee made appointments in high court in complete disregard of the Rules framed under Article 208 of Constitution.

Justice Iqbql was appointed first constitutional Chief Justice of Islamabad High Court on 03.01.2011 and elevated as judge of the Supreme Court on 25.02.2013.

The petitioner said that the SC judgment left no scope for whimsical interpretation regarding the role of former Chief Justice of IHC Iqbal Hameed-ur-Rehman, who was mainly responsible for making these illegal appointments from time to time.

The petitioner stated that in view of para 85 of the SC judgment the most advisable course for the delinquents pointed out in the SC judgment the judges should have resigned from their relevant positions immediately, without any loss of time at the cost of respect and honour of the institution.

He cited the resignation of Rashid Aziz Khan as judge Supreme Court and Abdul Qayyum as judge of Lahore High Court after the apex court judgment that “bias is floating at the surface of record.” He said while the recent Supreme Court judgment speaks about the conduct of Justice Iqbal and IHC chief justice in appointment at the high court.

The petitioner said that it should have been considered a determination of misconduct by Justice Iqbal. He mentioned that besides committing misconduct, the judge is also guilty of violation of his oath of office as Chief Justice of Islamabad High Court, administered to him under Article 194 of the Constitution.

“The apex court’s decision has left no scope for any other interpretation except that Justice Iqbal has committed gross constitutional misconduct and has also violated his oath of office, which is cognizable by the Supreme Judicial Council, moreover he has violated his oath of office,” he added.

Waqas sought kind indulgence of SJC to proceed against Justice Iqbal Hameed ur Rehman, presently judge of the Supreme Court and former CJ IHC under Article 209 (5) Constitution.