The Supreme Court has given a summary judgment in a case on whether or not to continue the proceedings of the Supreme Judicial Council against retired or resigned judges, stating that the resignation will not stop the proceedings of the Supreme Judicial Council.
A five-member bench headed by Justice Aminuddin reserved its verdict on the federal government’s appeal after hearing the arguments of the parties’ lawyers.
In a decision pronounced some time later, it was said that when the Supreme Judicial Council starts proceedings, the proceedings cannot be terminated by resignation or retirement, resignation will not stop the proceedings of the Supreme Judicial Council.
The judgment said that it will be the discretion of the Judicial Council to continue the proceedings against the resigned judge.
In a short judgment of the Supreme Court, it has been stated that it is the discretion of the Supreme Judicial Council to process pending complaints against retired judges or not.
The Supreme Court pronounced this decision by a majority of four to one, Justice Hasan Azhar Rizvi opposed the majority decision, Justice Hasan Azhar Rizvi has disagreed with the decision to the extent that the appeal is out of date.
Justice Aminuddin Khan said that the detailed reasons would be issued later.
In its decision, the Supreme Court of Pakistan said that the federal government’s appeal is partly allowed.
It should be noted that on February 16, the former judge of the Supreme Court of Pakistan, Justice (retired) Mazahir Ali Akbar Naqvi said that according to the constitution, law and court decisions, action against retired judges is not the jurisdiction of the Supreme Judicial Council.
In a letter written to the Secretary Supreme Judicial Council, Justice (retired) Mazahar Ali Akbar Naqvi said that the proceedings of the Supreme Judicial Council are continuing despite my resignation. has taken.
Mazahir Naqvi had resigned from his post on January 10 and on the same day submitted a detailed response to the Supreme Judicial Council’s show-cause notice, denying the allegations against him, while a day earlier the Supreme Court of Pakistan had His plea to stay the proceedings was rejected by the Supreme Judicial Council.
Report of the hearing
The judicial assistants and the attorney general gave arguments today in the case related to the continuation or not of the Supreme Judicial Council proceedings against the retired or resigned judges.
During the hearing, Justice Musrat Hilali said that what will happen if a judge resigns in the middle of the proceedings of the Supreme Judicial Council?
Judicial Assistant Akram Sheikh said that I am of the view that the action of the Supreme Judicial Council should not depend on the resignation of the judge.
Justice Musrat Hilali said that when a woman judge of the Calcutta High Court in India retired during the inquiry, the proceedings against her were continuing.
Justice Irfan Saadat said that if a reference comes against a judge and the Supreme Judicial Council has not given a notice, will it end?
Justice Jamal Mandukhel said that the whole problem is caused by the Chief Justice as the Chairman not taking up the reference, it is not only the job of the Chairman but the Council to deal with the complaints against the judges. There are delays.
Akram Sheikh said that when it is the authority of the chairman to call the council meeting, the responsibility is also on the chairman.
Justice Jamal Mandukhel said that there are two important points in front of us, one point is that once the council takes notice of the complaint, will it end with the resignation or retirement of the judge? Another point is that a fresh reference can be taken up against the judge after retirement?
Akram Sheikh said that it is not possible that a judge retires and after 10 years a complaint is raised and action is taken against him.
Justice Irfan Saadat said that the Aafia Shahr Bano case is not a dispute over the resignation or retirement of a judge. What should be done if the council has declared the complaint ineffective?
Judicial assistant Akram Sheikh said that he will not discuss the parties and merits of the case, later the arguments of judicial assistant Akram Sheikh were completed.
Another judicial assistant, Khawaja Haris, said that with the retirement or resignation of a judge, the action of the Supreme Judicial Council becomes meaningless. It is not necessary for a judge to resign because the allegations against him are true. But can also resign.
Justice Jamal Mandukhel said that should the judge not explain the reasons for his resignation?
Khawaja Haris said that if the law obliges a judge to give reasons for resignation, then it must be given. The purpose of Article 209 is to remove a judge from office. When a judge is not in office, how can the action of the council be done? ? If the judge has retired or resigned, what will the council recommend to the president?
Justice Jamal Mandukhel said that once the action has been started, should it be terminated at once?
Khawaja Haris said that for example, if the judge resigns on the 11th and the council takes action on the 12th, then the judge is not present.
Justice Jamal Mandukhel said that Article 209 Clause 5 states that the council can take action whether the judge is in office or not. So it will be necessary, what will be the result will be seen later, won’t the judge want him to go home acquitted of the charges against him?
Khawaja Haris said that if a person convicted under the Penal Code of Pakistan dies, his punishment ends.
Justice Jamal said that if the Supreme Judicial Council decides to act against the judge