By Asif Naveed
ISLAMABAD (MNN); A formal complaint has been submitted to the Supreme Judicial Council (SJC) against Islamabad High Court Judge Justice Mohammad Asif, accusing him of abusing his official position to influence legal proceedings in a fatal hit-and-run case involving his son.
According to the complaint, filed by Advocate Inamul Rahim on December 25, the incident took place on December 2 near the Pakistan National Council of Arts in Islamabad. A black sports utility vehicle, allegedly driven at high speed by Justice Asif’s son, struck two girls riding a scooter, killing both on the spot. The accused was later released on December 6 after a judicial magistrate accepted statements of pardon submitted by the victims’ families.
The complaint alleges that Justice Asif reached the scene of the incident and prioritised securing his son and his friends instead of ensuring immediate medical assistance to the victims. It further claimed that one of the girls might have survived had timely care been provided.
Advocate Rahim contended that Justice Asif used the influence of his office and state machinery to pressure the legal heirs into a compromise for personal benefit. He alleged that bail was granted in a “secretive manner” through in-camera proceedings conducted after court hours, with the apparent aim of portraying the case as compoundable.
The complaint stated that not all legal heirs recorded statements before the court. While the complainant’s siblings did not appear, the statement of the deceased’s mother was not recorded at all. It argued that under Section 322 of the Pakistan Penal Code, the offence of manslaughter is compoundable only through lawful payment of diyat, following due legal and Shariah procedures.
Rahim alleged that a coercive and underhand arrangement was pursued, which violated Article II of the Code of Conduct for judges. He stated that instead of showing empathy towards the bereaved families, Justice Asif allegedly relied on the backing of state officials to exert pressure.
The complaint outlined several instances of alleged misconduct, including misuse of office for personal gain, compromising judicial independence, and failing to uphold the principle that justice must not only be done but also be seen to be done. It further stated that widespread public discussion of the allegations had damaged the judge’s credibility, contrary to the requirement under Article 2 of the Code of Conduct that a judge must remain blameless.
It was also alleged that Justice Asif was on judicial duty at the time of the incident and failed to preserve the dignity of his office by allowing his son to drive late at night without a valid driving licence and by later extending unlawful protection to him.
Advocate Rahim requested the SJC to initiate an inquiry and forward its findings to President Asif Ali Zardari. The SJC, Pakistan’s top judicial accountability forum, comprises the Chief Justice of Pakistan, two senior-most Supreme Court judges and two senior-most chief justices of high courts.
The complaint also recalled a similar 2022 hit-and-run case in Islamabad involving the daughter of a Lahore High Court judge, highlighting concerns over accountability in cases involving influential families.
