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CJ's NOC now mandatory for SC judges' travel

CJ's NOC now mandatory for SC judges' travel

Express Tribune12 hours ago

Supreme Court judges are now required to obtain a No Objection Certificate (NOC) from the chief justice of Pakistan (CJP) prior to travelling abroad under newly issued regulations that have prompted concerns within the legal fraternity regarding judicial autonomy.
The direction follows a recently promulgated Presidential Order by President Asif Ali Zardari — titled Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Order 2025 — through which paragraph 14 of the President's Order 2 of 1997 has been amended.
According to the amended provision, the Chief Justice has been granted explicit authority to approve or deny leave, whether domestic or foreign, as well as revoke or curtail any previously approved leave for judges of the apex court.
Following the presidential directive, the Supreme Court Registrar, Muhammad Salim Khan, issued a general standing order outlining Standard Operating Procedures (SOPs) that will now regulate judges' leave and travel.
The issuance of these SOPs has raised eyebrows in the legal fraternity. Some lawyers suggest that the new framework appears aimed at controlling judges, particularly those who voice concerns about the judiciary at events held outside the country.
"Travel restrictions per se do not conflict with judicial independence provided they are purely administrative, applied fairly and operate within the judiciary's internal framework, not under the executive control. In the instant case, the purpose seems to be supervisory, not administrative," former additional attorney general Tariq Mahmood Khokhar said.
"It is potentially a tool for control and, or intimidation. Judicial independence means independence in decision-making, but judges' travel restrictions can violate independence if permission is used selectively or punitively or under executive interference," he added.
Khokhar warned that the amendment lacks adequate safeguards against abuse.

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CJ's NOC now mandatory for SC judges' travel

Supreme Court judges are now required to obtain a No Objection Certificate (NOC) from the chief justice of Pakistan (CJP) prior to travelling abroad under newly issued regulations that have prompted concerns within the legal fraternity regarding judicial autonomy. The direction follows a recently promulgated Presidential Order by President Asif Ali Zardari — titled Supreme Court Judges (Leave, Pension and Privileges) (Amendment) Order 2025 — through which paragraph 14 of the President's Order 2 of 1997 has been amended. According to the amended provision, the Chief Justice has been granted explicit authority to approve or deny leave, whether domestic or foreign, as well as revoke or curtail any previously approved leave for judges of the apex court. Following the presidential directive, the Supreme Court Registrar, Muhammad Salim Khan, issued a general standing order outlining Standard Operating Procedures (SOPs) that will now regulate judges' leave and travel. The issuance of these SOPs has raised eyebrows in the legal fraternity. Some lawyers suggest that the new framework appears aimed at controlling judges, particularly those who voice concerns about the judiciary at events held outside the country. "Travel restrictions per se do not conflict with judicial independence provided they are purely administrative, applied fairly and operate within the judiciary's internal framework, not under the executive control. In the instant case, the purpose seems to be supervisory, not administrative," former additional attorney general Tariq Mahmood Khokhar said. "It is potentially a tool for control and, or intimidation. Judicial independence means independence in decision-making, but judges' travel restrictions can violate independence if permission is used selectively or punitively or under executive interference," he added. Khokhar warned that the amendment lacks adequate safeguards against abuse.

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