Supreme Judicial Council of Pakistan
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The composition of the Council is set out in the constitution as:
- The Chief Justice
- The two next most senior judges of the Supreme Court of Pakistan
- The two most senior Chief Justices of the provincial High Courts
Where the council is investigating a member of the council he is replaced by the next most senior judge.
No judge of any of the five High Courts or of the Supreme Court of Pakistan may be dismissed except by the President on the report of the Supreme Judicial Council. The Council may start proceedings against a judge either by its own initiative or by reference from the President of Pakistan.
If the Council concludes that the judge is guilty of misconduct and should be removed from office they can recommend this to the President.
A judge of a court or tribunal subordinate to a High Court may be dismissed by the High Court concerned.
In 2007, President Pervez Musharraf suspended Chief Justice Iftikhar Muhammad Chaudhry and referred him to the Council on charges of corruption. However, Chaudhry contested the ability of the Council to form without the Chief Justice himself present, and the Council hearing was suspended by the Supreme Court. Later Council's Verdict was that Council was not valid without Chief Justice as according to Constitution of Pakistan Supreme Judicial Council can not be Completed, Validated, or Proceed without "de jure" Chief Justice, No matter whoever may be "de facto" or "acting Chief Justice" is and provided that Nobody can file "Petition" against "de jure" Chief Justice (In this scenario Chief Justice Iftekhar M. Chauhdary himself). SO, Chief Justice, Mr:Chauhdary was restrained and found of No guilty.
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