The attorney general of Pakistan (AGP) 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 (SJC) 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.
Naqvi is not the first superior court judge to resign from his position in view of the SJC proceedings. Including him, so far seven judges of the apex court have resigned before completion of their terms for a variety of reasons.
Naqvi – who faces charges of misconduct – resigned two days ago as a judge of the SC, saying it was no longer possible for him to continue holding this position.
He is accused of misconduct and is embroiled in ongoing proceedings at the SJC in this connection. Ten complaints accusing Justice Naqvi of misconduct were pending in the SJC.
Earlier, the apex court turned down Justice Naqvi’s plea to halt the ongoing SJC misconduct proceedings against him.
The now ex-judge tendered his resignation to the president of Pakistan in which he wrote that “it was an honour for him to serve as the judge of the Lahore High Court and then the Supreme Court”.
“In the circumstances which are a matter of public knowledge and to some extent public record, it is no longer possible for me to continue to serve as a judge of the Supreme Court of Pakistan,” Justice Naqvi wrote in his resignation.
“Considerations of due process also compel. I, therefore, effective today resign as judge of the Supreme Court of Pakistan,” he added.
Justice Naqvi may now be entitled to pension and other privileges after his resignation. If the SJC had removed him for misconduct, he would have lost these benefits.
In an act of apparent solidarity, like-minded judge, Justice Ijazul Ahsan, also tendered his resignation.
Both the judges were regarded as close to former CJP Umar Ata Bandial. Their resignation also come as a massive blow to the PTI, which was expecting a revival after Justice Ahsan’s appointment as the CJP in October this year.
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