Ijaz Kakakhel Islamabad
The Supreme Court on Wednesday partially accepted the federal government’s intra-court appeal and ruled that the Supreme Judicial Council proceedings can continue against a judge even after his resignation.
In its brief decision, the Supreme Court stated that the Supreme Judicial Council will not halt its proceedings due to the judge’s resignation; the authority to continue proceedings against the resigned judge rests with the Judicial Council.
A five-member larger bench Justice Amin-ud-din Khan announced the short verdict and partially accepted the federal government’s intra-court appeal against its judgment delivered in 2023 in AfiaSheharbano Zia’s case.
The other members of the bench included Justice Jamal Khan Mandokhel, Justice Hassan Azhar Rizvi, Justice Musarrat Hilali, and Justice Irfan Saadat Khan.
The top court in Afia Shehar Bano Zia’s case held 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, the apex court ruled that it’s the discretion of the SJC whether or not to proceed against a judge in a pending complaint. Four of the five judges of the bench declared the ICA maintainable, while Justice Rizvi dissented with the majority verdict to the extent of the appeal being time-barred.
The SC said the detailed reasons for the verdict will be issued later.
