Every error can't be called misconduct, says Justice Bandial.

ISLAMABAD -- The code of conduct for superior court judges lays down the standard to be maintained by them so that the institution of judiciary continues to enjoy the nation's confidence, Justice Umar Ata Bandial observed on Wednesday while presiding over a 10-judge full court hearing challenges to the filing of a presidential reference against Justice Qazi Faez Isa.

"Not every error on the part of a superior court judge constitutes misconduct. The accountability of judges creates a perception among the people that a judge should be above an ordinary person and ordinary mind," Justice Bandial said.

The observation came in reply to senior counsel Hamid Khan's argument that mere generalisations in the code of conduct do not define the "red lines" for judges.

Hamid Khan is representing four petitioners in the case - the Supreme Court Bar Association (SCBA), Quetta Bar Association president Mohammad Asif Reki, the Balochistan Bar Council and Punjab Bar Council vice chairman Shahnawaz Ismail.

The counsel contended that Article 209 of the Constitution, which deals with the Supreme Judicial Council (SJC), was deficient in many aspects since it did not provide any remedy to a judge facing allegations before the council.

Since no multiple remedy is envisaged in Article 209, the SJC seems to be more powerful than any other tribunal in the country, the counsel observed.

It is incumbent upon the apex court that while deciding the matter at hand, it should define misconduct by drawing some red lines missing from the code of conduct.

Once appointed as superior court judge, the counsel said, the individual has a right to continue and should have the protection of tenure. This amounts to creating civil rights in favour of the judge, Hamid Khan observed.

Justice Faisal Arab observed that unlike ministers who can be removed by the prime minister, a judge can only be removed by the SJC.

"A judge enjoys holding his office not on anybody's pleasure," said Justice Maqbool Baqar.

Justice Syed Mansoor Ali Shah observed that Article 209 of the Constitution requires the president to be a neutral person who advances neither the cause of the federation nor that of the executive.

Hamid Khan argued that an important feature of the Constitution was separation of...