{"id":62768,"date":"2024-02-21T14:51:29","date_gmt":"2024-02-21T14:51:29","guid":{"rendered":"https:\/\/news.pakistaninewspaperlist.com\/resignation-to-not-dispose-of-sjc-proceedings-against-judge-sc-rules\/"},"modified":"2024-02-21T14:51:29","modified_gmt":"2024-02-21T14:51:29","slug":"resignation-to-not-dispose-of-sjc-proceedings-against-judge-sc-rules","status":"publish","type":"post","link":"https:\/\/pakistaninewspaperlist.com\/news\/resignation-to-not-dispose-of-sjc-proceedings-against-judge-sc-rules\/","title":{"rendered":"Resignation to not dispose of SJC proceedings against judge, SC rules"},"content":{"rendered":"<p><\/p>\n<div dir=\"auto\">\n<p>The Supreme Court (SC) on Wednesday ruled that the resignation or retirement of an apex court judge would not dispose of Supreme Judicial Council (SJC) proceedings already under way against them.<\/p>\n<p>A five-member bench delivered a four-to-one majority decision during a hearing on the federal government\u2019s intra-court appeal against the apex court\u2019s <a href=\"https:\/\/www.dawn.com\/news\/1762146\">2023 verdict in the Afiya Shehrbano Zia case<\/a>, which had held that judges who either retire or resign cannot be questioned by the SJC over alleged misconduct.<\/p>\n<p>The bench was headed by Justice Aminuddin Khan and included Justices Jamal Khan Mandokhel, Musarrat Hilali and Irfan Saadat Khan while Justice Syed Hasan Azhar Rizvi dissented from the majority decision.<\/p>\n<p>The court ruled that only the SJC would have the authority to terminate the proceedings against a judge in case of their retirement or resignation.<\/p>\n<p>Last month, former SC judge Sayyed Mazahar Ali Akbar Naqvi \u2014 who was facing complaints of misconduct \u2014 <a href=\"https:\/\/www.dawn.com\/news\/1804705\">resigned<\/a> from the apex court, however, the SJC had decided to continue the hearing of complaints against the judge despite his resignation.<\/p>\n<figure class=\"media  sm:w-1\/2  w-full  media--right  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:400px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1804613\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<p>The federal government had also subsequently appealed the decision in the Afiya Shehrbano Zia case which was <a href=\"https:\/\/www.dawn.com\/news\/1810207\">accepted<\/a> by the apex court.<\/p>\n<p>The federal government had pleaded that the 2023 verdict, issued by a two-judge bench, including the now-retired Justice Ijazul Ahsan and Justice Munib Akhtar, made the SJC \u201cvirtually redundant\u201d by <a href=\"https:\/\/www.dawn.com\/news\/1762146\">making<\/a> Article 209 inapplicable to judges who either retire or resign.<\/p>\n<p>On Feb 12, the five-judge bench hearing the appeal had <a href=\"https:\/\/www.dawn.com\/news\/1815108\">appointed<\/a> former attorney general Khalid Jawed Khan, senior counsel Khawaja Muhammad Haris, Abdul Moiz Jaferii, and Faisal Siddiqui as amici.<\/p>\n<p>The bench had sought assistance in determining whether pending proceedings before SJC were abated if the judge retires or resigns.<\/p>\n<p>The court had also asked if the judge\u2019s resignation \u2014 at a time when the SJC is hearing complaints against them \u2014 was tantamount to avoiding accountability under Article 209 of the Constitution.<\/p>\n<figure class=\"media  sm:w-1\/2  w-full  media--right  media--embed  media--uneven\">\n<p>    <iframe class=\"nk-iframe\" onload=\"setInterval(()=&gt;{try{this.style.height=this.contentWindow.document.body.scrollHeight+'px';}catch{}}, 100)\" width=\"100%\" frameborder=\"0\" scrolling=\"no\" style=\"height:400px;position:relative\" src=\"https:\/\/www.dawn.com\/news\/card\/1814670\" sandbox=\"allow-same-origin allow-scripts allow-popups allow-modals allow-forms\"><\/iframe><\/p>\n<\/figure>\n<h2><a id=\"attorney-generals-arguments\" href=\"#attorney-generals-arguments\" class=\"heading-permalink\" aria-hidden=\"true\" title=\"Permalink\"\/>Attorney general\u2019s arguments<\/h2>\n<p>Attorney General for Pakistan (AGP) Mansoor Usman Awan told the court that it was the SJC\u2019s authority to prosecute misconduct committed while serving as a judge.<\/p>\n<p>He said that the judiciary played the role of mediator between the people and the government, adding that the judiciary guaranteed fundamental rights and therefore should be independent.<\/p>\n<p>\u201cFor independence of the judiciary, accountability of judges is necessary,\u201d he said. He said the objection to the accountability of judges would harm the independence of the judiciary.<\/p>\n<p>He added that the SJC should be self-motivated towards the independence of the judiciary, clarifying that only the SJC had the power to carry out inquiries against judges under Article 209 of the Constitution.<\/p>\n<p>Awan said that it was not necessary to recommend a judge\u2019s dismissal if they violated the code of conduct.<\/p>\n<p>\u201cIf a judge is suffering from mental illness, it is possible to treat him. Based on the treatable diseases, the council can give a judge a temporary leave, not necessarily dismiss him. If there is a complaint against a judge for not keeping time, the council can issue a warning instead of dismissal,\u201d he said, adding that if a complaint came before the council, it was necessary to give an opinion on it.<\/p>\n<p>While speaking about their retirement, Awan said that judges were appointed to constitutional positions after they retired and that the council must give its opinion on the charge against the judge for them to be appointed.<\/p>\n<p>\u201cJudges should be held accountable, but this accountability should not reduce the prestige of the Supreme Court,\u201d Awan continued.<\/p>\n<p>\u201cNo other institution can take action against the judges,\u201d he said.<\/p>\n<p>Awan said that charges could only be brought against a judge during their service and for the people to trust the courts, the SJC should work transparently.<\/p>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"<p>The Supreme Court (SC) on Wednesday ruled that the resignation or retirement of an apex court judge would not dispose of Supreme Judicial Council (SJC) proceedings already under way against them. A five-member bench delivered a four-to-one majority decision during a hearing on the federal government\u2019s intra-court appeal against the apex court\u2019s 2023 verdict in [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":62769,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"fifu_image_url":"https:\/\/i.dawn.com\/large\/2024\/02\/211749358c6b0fd.jpg?r=174943","fifu_image_alt":"","footnotes":""},"categories":[10],"tags":[],"class_list":["post-62768","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-pakistan"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/62768","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/comments?post=62768"}],"version-history":[{"count":0,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/posts\/62768\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media\/62769"}],"wp:attachment":[{"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/media?parent=62768"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/categories?post=62768"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pakistaninewspaperlist.com\/news\/wp-json\/wp\/v2\/tags?post=62768"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}