ISLAMABAD: A senior lawyer has formally requested an inquiry into alleged misconduct and abuse of authority by Islamabad High Court Judge Muhammad Asif. The complaint has been filed before the Supreme Judicial Council (SJC). It concerns a fatal hit-and-run case involving the judge’s son. The development came to light on Monday and has sparked serious debate over judicial accountability.
Advocate Inamul Rahim submitted the complaint on December 25. A copy of the document was reviewed by Dawn. The petition accuses Justice Asif of misusing his official position to influence legal proceedings. The lawyer alleges that the judge acted to secure his son’s release and avoid due legal process.
Details of the Fatal Incident and Court Proceedings
The incident occurred on December 2 near the Pakistan National Council of Arts in Islamabad. According to the complaint, a black sports utility vehicle was being driven at high speed. The vehicle allegedly struck two young girls traveling on a scooter. Both victims died at the scene due to severe injuries.
The complaint claims that Justice Asif’s son was driving the SUV at the time. It further alleges that Justice Asif arrived at the scene shortly after the incident. Instead of ensuring medical assistance for the victims, he allegedly focused on securing his son and his friends. The lawyer asserted that timely help might have saved one victim’s life.
On December 6, a judicial magistrate ordered the release of the accused. The court granted bail after the victims’ families reportedly pardoned him. However, the complaint challenges the transparency and legality of this process.
Allegations of Pressure, Coercion, and Secret Proceedings
Advocate Rahim alleged that Justice Asif used state machinery to pressure the victims’ legal heirs. He claimed that influence was exerted for personal benefit. According to the complaint, the bail process took place secretly. Statements of compromise were allegedly recorded after court hours through in-camera proceedings.
The lawyer further stated that not all legal heirs appeared before the court. He noted that the complainant’s brothers and sister did not record statements. Importantly, the statement of the deceased girl’s mother was allegedly not recorded at all. These omissions, the complaint argues, undermine the validity of the compromise.
Rahim also highlighted that the primary offence falls under Section 322 of the Pakistan Penal Code. This section deals with manslaughter. Under the law and Sharia, such an offence is compoundable only upon lawful payment of diyat. The complaint argues that Justice Asif failed to submit himself to this required legal process.
Alleged Violations of Judicial Code of Conduct
The complaint accuses Justice Asif of conduct unbecoming of a public office holder. Rahim claimed that coercive tactics were used to reach an underhand arrangement. He said this behavior violates Article II of the judicial Code of Conduct. This article requires judges to be God-fearing, law-abiding, and humane.
The lawyer further argued that a judge must demonstrate sound character and empathy. Instead, he alleged that Justice Asif relied on official influence rather than offering solace to grieving families. Rahim also cited violations of Articles 2, 6, and 8 of the Constitution and the Code of Conduct.
He claimed that public perception of misuse of office has damaged the judge’s credibility. According to the complaint, Justice Asif has failed to remain blameless, a core requirement for judicial office. Despite this, the judge has not resigned.
Request for Inquiry and Role of the SJC
Rahim has formally requested the Supreme Judicial Council to initiate an inquiry. He asked that the findings be forwarded to President Asif Ali Zardari. The SJC serves as Pakistan’s highest forum for judicial accountability.
Under Article 209 of the Constitution, the council includes the Chief Justice of Pakistan, two senior-most Supreme Court judges, and two senior-most high court chief justices. The matter now awaits consideration by the council.
