SC of Pakistan Rules That Resignation Does Not Dismiss SJC Proceedings Against Judge

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The Supreme Court (SC) has ruled that the resignation or retirement of an apex court judge will not stop Supreme Judicial Council (SJC) proceedings already in progress against them. The decision was made by a five-member bench in a four-to-one majority during a hearing on the federal government’s appeal against the apex court’s 2023 verdict in the Afiya Shehrbano Zia case. The bench, headed by Justice Aminuddin Khan, stated that only the SJC would have the authority to terminate the proceedings against a judge in case of their retirement or resignation. This ruling comes after former SC judge Sayyed Mazahar Ali Akbar Naqvi resigned from the apex court while facing complaints of misconduct, but the SJC decided to continue the hearing of complaints against the judge despite his resignation. The federal government had appealed the 2023 verdict, arguing that it made the SJC “virtually redundant” by making Article 209 inapplicable to judges who either retire or resign. The five-judge bench appointed former attorney general Khalid Jawed Khan, senior counsel Khawaja Muhammad Haris, Abdul Moiz Jaferii, and Faisal Siddiqui as amici to assist in determining whether pending proceedings before SJC were abated if the judge retires or resigns.

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