IN an unexpected development, the senior-most judge of the Supreme Court of Pakistan (SCP) Justice Iazul Ahsa, on Thursday, opted to resign from his position, a day after the resignation tendered by Justice Mazahar Ali Akbar Naqvi in the face of proceedings against him by the Supreme Judicial Council (SJC). In his written resignation addressed to the President, Justice Ahsan said: “I no longer wish to continue as a judge of the Supreme Court of Pakistan”, adding he was resigning as per Article 206(1) of the Constitution with immediate effect.
The judge gave no solid reason for leaving the job but the very fact that he did so despite bright prospects of becoming the next Chief Justice of Pakistan on retirement of the incumbent one in October 2024 is perplexing, forcing some circles to assert that there might have been some urgent reason to do so. Justice Ahsan also did not participate in the Supreme Judicial Council (SJC) proceedings on Thursday which was hearing the misconduct complaints against former judge Justice Mazahir Ali Akbar Naqvi. Later, the next senior most judge of the Supreme Court, Justice Syed Mansoor Ali, was made part of the proceedings. Recently, Justice Ijazul Ahsan, being a member of the SJC, tried to defend his brother judge terming the allegations levelled against him (Justice Naqvi) without merit or substance in law and that their inclusion in the show-cause notice was in clear violation of the settled law. Justice Naqvi chose to resign, which many believe, was an attempt to save his pension and perks/privileges as former judge as any adverse finding would have ruined his career. However, the SJC thought it appropriate and rightly so to proceed ahead and take the case to its logical conclusion. Generally, it is believed that once a judge facing inquiries by the SJC resigns, the case against him is dropped but this seems to be in violation of natural justice. The SJC is the only platform to try judges on account of misconduct or corruption and there was no justification to drop the case midway despite the presence of solid evidence to prove the judge either guilty or innocent. If allegations of corruption and misconduct are proved, then the concerned judge should be penalized as per law, otherwise clearance by SJC would clear misconceptions about his integrity and character. As for Justice Ejazul Ahsan, members of the legal community tend to subscribe to the general impression that he was firm and fair in his approach during his tenure as judge of the Lahore High Court. However, he has a mixed legacy at the Supreme Court, where he remained part of most of the high profile politically-oriented cases, which made him controversial. They argue that disqualifying the then Prime Minister Nawaz Sharif, holding that such a disqualification was for life, utterance of extreme remarks even before pronouncement of judgement and then stating a disqualified person could not be a party head all reflect a judicial approach that was perhaps far too open to reading words into the constitution to justify accountability for politicians. This partisan attitude was also visible when he was part of the majority decision that said the vote of defecting party members could not be counted under Article 63A — despite no such penalty existing in the text of the constitution. However, there is also a view that on some occasions Justice Ejazul Ahsan had also been on the right side of history, siding in favour of democracy and preservation of fundamental rights. No doubt, judges have to take both popular and unpopular decisions and they should not be subjected to outside pressure or apprehensions about their tenure. However, it is also obligatory on the part of the judges to demonstrate a high sense of integrity and personal character and uphold the law and the Constitution in all circumstances, irrespective of their own personal opinion about a matter that is before them for decision. It is also being pointed out that his resignation also affords an opportunity for continuation of fraternal mutual relations between the judiciary and the parliament as the next CJP Justice Mansoor Ali Shah is considered to be among those judges that take pains to improve these relations for the sake of the system and the country.
