| Citation(s) |
|---|
| 2024 SLG 5982 2024 SLD 5982 = 2024 PLD 698 |
Supreme Court of Pakistan
Intra Court Appeals Nos. 1 and 2 of 2024 in Constitutional Petition No.19 of 2020, decided on 21st February, 2024. (On appeal from the judgment of this Court dated 27.06.2023 passed in Constitution Petition No. 19 of 2020).
Present: Amin-ud-Din Khan, Jamal Khan Mandokhail, Syed Hasan Azhar Rizvi, Musarrat Hilali and Irfan Saadat Khan, JJ Per Amin-ud-Din Khan, J.; Jamal Khan Mandokhail, Musarrat Hilali and Irfan Saadat Khan, JJ. agreeing; Syed Hasan Azhar Rizvi, J. dissenting.
For Appellants in I.C.A. No.1 of 2024 and
Respondent No.5 in I.C.A. No.2 of 2024: Mansoor Usman Awan, Attorney General for Pakistan assisted by Ms. Maryam Ali Abbasi, Advocate, Ms. Maryam Rashid, Advocate, Ch. Aamir Rehman, Additional Attorney General for Pakistan, Malik Javid Iqbal Wains, Additional Attorney General for Pakistan, Raja M. Shafqat Abbasi, Deputy Attorney General and Anis Muhammad Shahzad, Advocate-on-Record. For Appellants in I.C.A. No. 2 of 2024 and
Respondents Nos. 3, 4, 6, 7, 8 and 10 in I.C.A. No.1 of 2024. Waqqas Ahmad Mir, Advocate Supreme Court assisted by Hammad Hussain Shah, Advocate and Anas Irtiza, Advocate (At Islamabad on 31.01.2024, 19.02.2024 and 21.02.2024 and via video link from Lahore on 12.02.2024) and Ch. Akhtar Ali, Advocate-on-Record. Amici Curiae: Kh. Muhammad Haris, Sr.Advocate Supreme Court assisted by Yaser Aman Khan, Advocate Supreme Court. Faisal Siddiqi, Advocate Supreme Court assisted by Muhammad Usman Mumtaz, Advocate (At Islamabad on 19.2.2024 and via video link from Karachi on 21.2.2024.) Muhammad Akram Sheikh, Senior Advocate Supreme Court assisted by Abu Bakar Siddique, Advocate and Ms. Sehar Mahsud, Advocate.
Intra Court Appeals Nos. 1 and 2 of 2024 in Constitutional Petition No.19 of 2020, decided on 21st February, 2024. (On appeal from the judgment of this Court dated 27.06.2023 passed in Constitution Petition No. 19 of 2020).
Present: Amin-ud-Din Khan, Jamal Khan Mandokhail, Syed Hasan Azhar Rizvi, Musarrat Hilali and Irfan Saadat Khan, JJ Per Amin-ud-Din Khan, J.; Jamal Khan Mandokhail, Musarrat Hilali and Irfan Saadat Khan, JJ. agreeing; Syed Hasan Azhar Rizvi, J. dissenting.
For Appellants in I.C.A. No.1 of 2024 and
Respondent No.5 in I.C.A. No.2 of 2024: Mansoor Usman Awan, Attorney General for Pakistan assisted by Ms. Maryam Ali Abbasi, Advocate, Ms. Maryam Rashid, Advocate, Ch. Aamir Rehman, Additional Attorney General for Pakistan, Malik Javid Iqbal Wains, Additional Attorney General for Pakistan, Raja M. Shafqat Abbasi, Deputy Attorney General and Anis Muhammad Shahzad, Advocate-on-Record. For Appellants in I.C.A. No. 2 of 2024 and
Respondents Nos. 3, 4, 6, 7, 8 and 10 in I.C.A. No.1 of 2024. Waqqas Ahmad Mir, Advocate Supreme Court assisted by Hammad Hussain Shah, Advocate and Anas Irtiza, Advocate (At Islamabad on 31.01.2024, 19.02.2024 and 21.02.2024 and via video link from Lahore on 12.02.2024) and Ch. Akhtar Ali, Advocate-on-Record. Amici Curiae: Kh. Muhammad Haris, Sr.Advocate Supreme Court assisted by Yaser Aman Khan, Advocate Supreme Court. Faisal Siddiqi, Advocate Supreme Court assisted by Muhammad Usman Mumtaz, Advocate (At Islamabad on 19.2.2024 and via video link from Karachi on 21.2.2024.) Muhammad Akram Sheikh, Senior Advocate Supreme Court assisted by Abu Bakar Siddique, Advocate and Ms. Sehar Mahsud, Advocate.
FEDERATION OF PAKISTAN through the Secretary, Ministry of Law and Justice, Islamabad and others---Appellants
VERSUS
SUPREME JUDICIAL COUNCIL through Secretary, Supreme Court Building, Islamabad and others---Respondents
Law: Constitution of Pakistan, 1973
Section: 209(5),209(6)
Law: Supreme Court Rules, 1980
Section: XXXIII,6
Law: Limitation Act, 1908
Section: 3,5
(a) Constitution of Pakistan-------Arts. 209(5) & 209(6)---Supreme Judicial Council ("SJC")---Proceedings against a Judge pending before the SJC---Resignation/retirement of Judge---Effect--If proceedings have already been initiated by the Supreme Judicial Council ('SJC') against a Judge, same shall not abate on his resignation or retirement, as the case may be, during such proceedings---Proceedings pending before the SJC which are initiated after issuance of notice to a Judge do not automatically drop or become infructuous on superannuation or resignation of the Judge---It is the prerogative of the SJC to proceed with the matter accordingly.Per Jamal Khan Mandokhail, J; agreeing with Amin-ud-Din Khan, J. [Majority view](b) Constitution of Pakistan-------Arts. 209(5) & 209(6)---Supreme Judicial Council ("SJC")---Proceedings against a Judge pending before the SJC---Resignation/ retirement of Judge---Effect--Proceedings pending before the Supreme Judicial Council ("SJC") shall not abate on account of retirement and resignation of a Judge---Judge who retires or resigns during pendency of proceedings against him/her before the SJC should not be allowed to escape the consequences of removal---Resignation by a Judge during pendency of proceedings against him/her before the SJC does tantamount to circumvention/avoidance of accountability enshrined and envisaged under Article 209 of the Constitution---Circumvention of proceedings under Article 209 of the Constitution would result in erosion of public trust in the Judiciary---When an inquiry into conduct of a judge initiated by the SJC is terminated without an opinion, on account of retirement or resignation of a judge from his office, it would render Article 209(5) & (6) of the Constitution redundant---Termination of inquiry proceedings upon retirement of a judge would otherwise give an impression that the SJC is dependent on the will of the judge, who can overpower the control of the constitutional body---It may create a perception that the judges are above the law--There is no express provision in the Constitution, nor is there any enactment, preventing the SJC from continuing its proceedings of inquiry in…