Code of Conduct for Members of Subordinate Judiciary in Azad Jammu and Kashmir (2010)

CODE OF CONDUCT FOR MEMBERS OF SUBORDINATE JUDICIARY IN AZAD JAMMU AND KASHMIR (2010) <!--[if gte mso 10]> CODE OF CONDUCT FOR MEMBERS OF SUBORDINATE JUDICIARY IN AZAD JAMMU AND KASHMIR (2010) No man has a right to Judge another man except when the society has entrusted him with the task of judging others and settling their disputes. The members of the superior and subordinate judiciary in our country have been chosen by our society to carry out this onerous duty. 2. For the members of the superior judiciary Code of Conduct has been prescribed by the Supreme Judicial Council. For the members of the subordinate judiciary in the Azad Jammu and Kashmir. I prescribe the following Code of Conduct and discipline to be followed and observed meticulously:-- 1. The judicial power is a sacred trust and divine duty. A judicial officer should exercise it honestly, efficiently and to the best of his capacity' keeping always in mind that he is accountable not merely to his superior officers but to God Almighty Himself. He should all the time be conscious of his onerous duty and his integrity. 2. While deciding a matter, judicial consideration should alone weigh and in the matter of discretion, a judicial officer should be guided only by rules of justice, equity and good conscious but not by whims and caprices. 3. His behavior and conduct should be gentlemanly particularly towards the litigants and lawyers. He should be courteous and polite but firm and dignified to maintain decorum of the Court. His conduct in and out of Court should be exemplary which should enhance the prestige, respectability and honour of the Court in the society. 4. While dealing with others he should always imagine himself in the position of the person he is dealing with and treat him as he would like himself to be treated. 5. He should always exercise self-restraint; self-denial and he should avoid to mix up with general public and members of the bar. He should also avoid to attend private parties and functions at public places including hotels, markets and streets except in dire need. 6. He should always be keen to learn and try to gain knowledge throughout his career. Up-dating and acquaintance with latest techniques and knowledge should help in resolving intricate controversies coming up before him. 7. He should never publicise his honesty or any other merit. He should leave it to others to recognize his merits. He should not be misled by the praises showered or by flattery or cajolery. 8. He should be respectful, courteous and obedient to his superiors, helpful and sympathetic to his subordinates. 9. He should always live within his honest means and believe in (ﺮﺰﻖﺤﻼﻞ). 10. He should avoid imply impolite language in writing as well as in conversation and should also try not to annoy others. 11. It is human to err. The judicial officer is no exception to this rule. But he should be bold enough to admit his mistakes frankly and should sincerely try and avoid repeating them in future. 12. He should not incur personal obligations as for as possible. 13. He should never backbite or crib and should never stoop to flattery. 14. He should believe in self-accountability. To judge his conduct and work is the job of his superiors. And when the superiors point out some shortcoming in him, he must take it with grace and try to remove it. 15. He should never lose his temper while presiding over the Court, should avoid entering into arguments with lawyers, parties or witnesses and refrain from siding with any party/lawyer. 16. In the matter of performing judicial duties and functions, he should always maintain his independence and should never allow himself to be swayed either by those who are near and dear to him or by those in authority over him. 17. He should maintain cordial and affectionate relations with his colleagues and show due respect to his seniors. 18. A judicial officer should be God fearing, law abiding, abstemious, truthful of tongue, wise in opinion, cautious and forbearing, patient and calm, blameless, untouched by greed, completely detached and balanced, faithful to his words and meticulous in his functions. 19. He must not show any fear or favour to any party before him or their lawyers, both in his judgment and conduct. His conduct should be above board and should perform functions without any prejudice to any one. 20. He should avoid rage and should abstain from performing functions in rage. 21. He should be learned in law and should have command and control over the proceedings in Court. 22. He must be consistent in his approach and should follow precedents of superior Courts in matters coming up before him. 23. He should always endeavour to decide cases expeditiously and should take all necessary measures to ensure speedy justice. 24. He should have affective control over the staff of his Court without being rude, rough or humiliating. 25. A judicial officer must be punctual while taking or leaving his seat. 26. He must be dressed in prescribed uniform and seated in dignified manner, but not so as to look a proud man. He should avoid arrogance. 27. He must avoid hearing cases, receiving guests or his colleagues in the retiring room, besides avoiding frequent use thereof, except in urgent need. 28. He must avoid hearing one party or his lawyers in the absence of the other except in the case of ex parte proceedings. 29. He must not hear those cases in which his, near relatives or close friends have got any interest. 30. He should not privately communicate to any of the parties to the litigation before him. 31. Judicial officer must avoid discussing particular cases before them save if allowed by law or when it is intended to give advice or counselling by a higher forum to lower forum. 32. He should not engage in any business whatsoever. 33. He should conduct proceedings in open Court in presence of parties/ their counsel and not in chamber/retiring room which is meant for use only when absolutely necessary or when free from the Court work. He should not leave the judicial work/function with any of his Court official. 34. He should make endeavour as far as possible to act as "Musleh" and help the parties to resolve the dispute through amicable means acceptable to them, without leaving any impression of siding with anyone. 35. He should give greatest importance to reasoning and arguments in order to unearth truth. He should not get annoyed with argument of the parties and must exhibit, patience and perseverance in scanning the matter coming up for adjudication before him. 36. Every Judicial officer/Qazi before assumption of charge on appointment or already serving, shall make oath in the form prescribed by the High Court before the person so designated by the Chief Justice for the purpose" (Form attached). He should also file a statement/declaration of his assets and of his/her dependents. 37. One should never forget that he/she is accountable to God Almighty in the end. (Sd.) Mr. Justice Ghulam Mustafa Mughal, Chief Justice