Two senior judges have voiced serious concerns about recent amendments made by the Supreme Judicial Council (SJC) to the judicial code of conduct, warning that the new rules could compromise judicial independence and transparency.
In a letter addressed to the SJC, the judges questioned the manner in which the amendments were approved and expressed reservations over the inclusion of Islamabad High Court (IHC) Chief Justice Sardar Muhammad Sarfraz Dogar in the council. They noted that Justice Dogar’s transfer to the IHC remains under challenge before the Supreme Court, raising procedural and ethical concerns regarding his participation.
The controversy arose after the SJC, led by Chief Justice of Pakistan and SJC Chairman Justice Yahya Afridi, held a meeting on October 18 at the Supreme Court in Islamabad. The session resulted in a revised code of conduct for judges, which prohibits them from engaging with the media or participating in political discussions. Justice Afridi chaired the meeting, which was attended virtually by Justice Mansoor Ali Shah and Justice Munib Akhtar, while Justice Aalia Neelum, Chief Justice of the Lahore High Court, and Justice Sarfraz Dogar were present in person.
According to the updated code, judges are barred from any form of media interaction, especially on issues that may provoke public debate or undermine institutional unity. The official statement issued by the SJC stated that judges “shall not have any interaction with the media, especially in relation to issues which may give rise to public debate or adversely affect institutional collegiality and discipline.”
In their letter, the two judges cautioned that these amendments could lead to excessive centralisation of power within the judiciary and erode the principles of accountability and openness. They argued that the timing of such restrictions, coming shortly after the 26th Constitutional Amendment, could further strain an already pressured judicial system.
The judges emphasized that during a period when democratic institutions are being tested, the independence of the judiciary must remain uncompromised. They wrote, “We are passing through testing times, when democracy itself faces strain and constitutional institutions are being tested. In such moments, a strong, fearless, and independent judiciary is the last and only refuge of the people. Any measure that curtails that independence or can be weaponised to discipline, silence, or control judges must be viewed with the utmost caution and resisted firmly.”
Their remarks highlight growing unease within judicial circles over the potential implications of the SJC’s new directives. Critics argue that restricting judges’ ability to speak publicly may hinder transparency and limit their ability to clarify legal misunderstandings. The letter reflects a broader concern that the new code of conduct could be used as a tool to suppress dissenting judicial voices, thereby undermining the core values of justice and impartiality in Pakistan’s judicial system.
