4. Unimpeachable character, high integrity and
transparency in actions couple with nobility
and dignity
SAAD SALAMANSARIVS 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
5. 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
6. Do Don’t
1. 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 law
16. In control of proceedings in court
17. Consistent in judgment
18. Courteous and polite.
19. Inclined towards expeditious disposal
20. Punctual and disciplined
21. 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
7. 1. absolute integrity
2. devotion to duty
3. do nothing which is unbecoming of a public office
4. render best judgment in the performance of his official duties
5. be prompt and courteous
6. not involve himself in acts of moral turpitude
7. not take part in party politics
8. not be associated with activities that are prejudicial to the interests of the sovereignty and
integrity of the State or public order
9. not to engage himself in interviews with media, except with the lawful authority of his
superiors
10. not divulge official information which has been entrusted to him in confidence
11. not accept pecuniary advantage, in particular, from those with whom he is involved in
official duties
12. not to engage himself in private trade or business while holding public office
13. not to indulge in alcoholism or gambling
14. 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
8. 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.
9. 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 constitution
Adjudicate without fear or
favour, affection or ill-will
Even-handed
Consistent
Open mind
No room for personal
idiosyncrasies
Apply law as established
No personal whims or
caprice
Consistency
Complaince with
procedures
Thorough, studious,
prepared & well conversant
morally right
Just
Fair & impartial
Merciful
Decisive
Exact
Upright
Resolute
Diligently & faithfully
Uninfluenced
Open court
Full control & command
Fully committed
shun social interactions
Transparency
A judge remains judge 24
hours a day
Cherish solemn duty
Calm
Resolute firm in control
Polite & considerate
Accountable
Humane and considerate
Non partisan
Above narrow consideration
Financial or property
transactions no nexus with
official dealings
Behaviour role model
10.
11. Judicial officer must have high ethical
standards then ordinary officers.
SAAD SALAM ANSARI’S CASE [2006 PLC
(C.S.) 938]
12. 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
13. 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]
14. Non disclose of details in asset declaration
and wrongful retention of property ----
Personal misconduct by a Judge
Ch. Muhammad MasaudAkhtar khan’s case
[2013 SCMR 730]
15. 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 khanYousufzai’s case [PLD 2011
Kar 451]
16. Precendent establishing that code of conduct
needs to followed.
Humanity foundation’s case [1997 CLC 716]
18. INTEMPERATE LANGUAGE & CASTIGATING
STRICTURE SHOULD BE AVIODED.
SIKANDAR A. KARIM’S CASE [1995 SCMR
387]
‘k’ a JudicialOfficerVs. Registrar General,
High Court of Andhra Pradesh [2001 (3) SCC
54]
19. Bar resolution and complaint --- Judicial
officer --- mode of appreciation.
ISHWAR CHAND JAIN’S CASE [1988 AIR 1395
SUPREME COURT OF INDIA]