The attorney general of Pakistan informed the Supreme Judicial Council on Friday that the federal government will be appealing the decision in the Afiya Zia Shehrbano case that ruled against taking action against retired judges.
AGP Mansoor Usman Awan’s remarks came at a meeting of the Supreme Judicial Council discussing misconduct proceedings against Justice Sayyed Mazahar Ali Akbar Naqvi in light of his resignation as a SC judge.
The meeting was headed by Chief Justice of Pakistan Qazi Faez Isa. The ex-judge’s lawyer informed the SJC that, according to the law, the government cannot take action against a judge after they have retired.
The SJC had issued notices to the former apex court judge and his lawyer Khawaja Harris. Reading Harris’ response, the registrar stated that the council can only take action against a sitting SC judge, not a retired judge.
Khawaja Harris’s assistant lawyer also objected to the SJC’s decision to continue with the proceedings despite Naqvi’s resignation. The CJP acknowledged that as per the Afiya Zia Shehrbano case, the SJC can only act against a sitting judge, adding that the apex court will now take up this matter after February 8, scheduled for general elections. Later, the SJC proceedings were adjourned until February 15.
