Tainted SC judge resigns

ISLAMABAD - Justice Iqbal Hameedur Rehman yesterday tendered his resignation as judge of Supreme Court, after a reference against him was filed in the Supreme Judicial Council a few days ago.

“I Mr Iqbal Hameedur Rehman hereby resign my office by writing under my hand addressed to you today, 23rd October, 2016, under Article 206 (1) of Constitution,” the resignation sent to the president read.

Justice Iqbal is the son of Justice Hamoodur Rahman, former Chief Justice of Pakistan. His family has its roots in the legal fraternity since before partition of Indo-Pak Subcontinent.

His paternal uncle, late Maudoodur Rahman, was a barrister, who later became a judge of the Chief Court of Calcutta. His maternal grandfather late Mr Ashraf Ali Khan was a barrister and a practicing advocate in Calcutta High Court. He was also a member of the Bengal Legislative Assembly in Calcutta and was later elected as deputy speaker Calcutta Assembly before partition.

An apex court judgment, authored by Justice Amir Hani Muslim, had declared illegal the appointments made during the tenure of Justice Iqbal as Chief Justice of Islamabad High Court.

The September 26 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 January 3, 2011 and elevated as judge of the Supreme Court on February 25, 2013.

Six days ago (on October 18), Islamabad High Court Bar Association secretary general filed a reference under Article 209 of Constitution against Justice Iqbal in the Supreme Judicial Council to restrain him from performing official functions and duties as SC judge. He stated that after the pronouncement of SC judgment it was expected that Justice Iqbal would resign in view of his enviable family background.

IHCBA secretary general had also filed a reference against incumbent IHC Chief Justice Anwar Khan Kasi.

He in his petition said that the SC judgment left no scope for whimsical interpretation regarding the role of former IHC CJ Iqbal Hameedur Rehman, who was mainly responsible for making these illegal appointments from time to time.

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

“The apex court’s decision has left no scope for any other interpretation except that Justice Iqbal has committed gross constitutional misconduct and have also violated his oath of office, which is cognisable by the Supreme Judicial Council; moreover, he has violated his oath of office,” the petitioner said. He sought action of SJC against Justice Iqbal under Article 209 (5) Constitution.

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