Full text of verdict: SC upholds the 39-point judicial code of conduct

The Appellate Division of the Supreme Court in the full text of a verdict has upheld its previous judgement that reformulated 39-point code of conduct for its judges with a view to avoiding any confusion under article 96 of the constitution.

The apex court, however, said in the full text of verdict that the Supreme Judicial Council, which comprises of the chief justice and two other senior judges of the Appellate Division to deal with the allegations against the SC judges over incapacity or misconduct, will have the authority to revisit the provisions of the code of conduct.

"Considered in this context, the Code of Conduct is to be considered as permitting of growth and mutations by drawing on the inherent power of only the Supreme Judicial Council to revisit existing provisions as and when necessary," Chief Justice Syed Refaat Ahmed observed in the 50 pages' full text of verdict, which was uploaded in the SC website on June 3.

On October 20 last year, a six-member bench of the Appellate Division, led by Chief Justice Syed Refaat Ahmed, has delivered the verdict after disposing of a review petition filed by the previous government against the 2017 SC verdict that scrapped the 16th amendment to the constitution that empowered parliament to deal with the allegations against SC judges.

Senior lawyer Manzill Murshid, who challenged the legality of the 16th amendment, told The Daily Star that the Appellate Division in its review judgement has not scrapped the 39-point code of conduct for SC judges.

Therefore, the code of conduct will remain in force, but the Supreme Judicial Council can revisit those, he added.

According to SC formulated code of conduct, the judges should participate in stablishing, maintaining, and enforcing high standards of conduct, and should personally observe those standards so that the integrity and independence of the judiciary is preserved.

They should respect and comply with the constitution and law, and act at all times in a manner that promotes public confidence in the judiciary.

The judges should not allow family, social, or other relationships to influence judicial conduct or judgement. A Judge should not lend the prestige of the judicial office to advance the private interests of others; nor convey or permit others to convey the impression that they are in a special position to influence the Judge.

The judges should be faithful to and maintain professional competence in the law, and should not be swayed by partisan interests, public clamor, or fear of criticism.

They should be patient, dignified, respectful, and courteous to litigants, lawyers, and others with whom the Judge deals in an official capacity, and should require similar conduct of those officers to the Judge's control, including lawyers to the extent consistent with their role in adversarial system, according to the code of conduct.

The judges should dispose of promptly the business of the court including avoiding inordinate delay in delivering judgements/orders. In no case a judgement shall be signed later than six months of the date of delivery of judgement.

They should avoid public comment on the merit of a pending or impending court case.

"A Judge shall disqualify himself/herself in a proceeding in which the Judge's impartiality might reasonably be questioned."

                                  "A Judge shall disqualify himself/herself to hear a matter/cause where he served as lawyer in the matter in controversy, or with whom the Judge previously practiced during such association as a lawyer concerning the matter, or the Judge or such lawyer has been a material witness", the SC said in the verdict regarding the code of conduct.