The Supreme Court declared on Wednesday that the Supreme Judicial Council (SJC) can continue its proceedings against any judge even after his/her resignation or retirement.
A five-member bench led by Justice Amin-ud-din Khan and comprising Justice Jamal Khan Mandokhel, Justice Hassan Azhar Rizvi, Justice Musarrat Hilali, and Justice Irfan Saadat Khan, heard the case.
The bench also accepted the federal government’s intra-court appeal (ICA) against its judgment delivered in 2023 in Afia Sheharbano Zia’s case.
The apex court in Afia Sheharbano Zia’s case had ruled that the judges who retire or resign do not fall within the ambit of Article 209 of the Constitution that determines misconduct of the superior court judges.
In the short verdict today, the apex court ruled that it’s the discretion of the SJC whether or not to proceed against a judge in a pending complaint.
The court gave a 4-1 verdict with Justice Syed Hasan Azhar Rizvi disagreeing with the majority of the judges.
The SC said the detailed reasons for the verdict will be issued later.
It should be noted that the caretaker government decided to challenge the judgment in Afia Sheharbano following the resignation of former SC judge Sayyed Mazahir Ali Akbar Naqvi after the SJC started proceeding against the judge on misconduct complaints filed by various lawyers as well as the Pakistan Bar Council.
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