SC takes up next week two important cases

ISLAMABAD: The Supreme Court (SC) will take up next week appeal of federal government seeking continuation of proceedings of the Supreme Judicial Council (SJC) under Article 209 of the constitution against the retired or judges who had resigned.

A three-member bench of the apex court headed by Justice Aminuddin Khan will take up next week appeal of the federal government.

Recently, the caretaker federal government had requested the Supreme Court to set aside its judgment delivered in 2023 in Afiya Shehrbano Zia’s case, holding that judges who retire or resign do not fall within the ambit of Article 209 of the Constitution that determines misconduct of judges of the superior courts.

The federation through Secretary Ministry of Law and Justice had filed in the apex court an Intra-Court Appeal (ICA) under Section 5 of the Supreme Court (Practice and Procedure) Act 2023 read with Article 184(3) of the Constitution against the judgment dated June 27, 2023 delivered in Afia Sheharbano’s case.

The federal government had prayed to the apex court to set aside the impugned judgment after allowing the instant ICA.

It was also prayed to hold that a judge against whom proceedings are initiated under Article 209 of the constitution ought to be proceeded against and his resignation would not result in abatement of such proceedings. It is pertinent to mention here that the need for challenging the judgment of Afiya Shehrbano was propped up last week after the resignation tendered by Sayed Mazahir Ali Akbar Naqvi, judge of the Supreme Court when the Supreme Judicial Council (SJC) is proceedings against the judge on misconduct complaints filed by various lawyers as well as Pakistan Bar Council.

Attorney General Mansoor Usman Awan, however, had informed the court that the federal government will file the ICA against the apex court judgment delivered in Afiya Shehrbano Zia’s case.

On 12, Chief justice Qazi Faez Isa being the Chairman of the Supreme Judicial Council (SJC) had conducted the proceedings on the misconduct complaints filed against Justice Mazahir Ali Akbar Naqvi who had tendered his resignation before the president of Pakistan.

Similarly, a review petition that was filed against the ruling of former Deputy Speaker National Assembly Qasim Suri was also fixed for hearing as well.

A five-member larger bench of the apex court headed by Justice Syed Mansoor Ali Shah and comprising Justice Munib Akhtar, Justice Aminuddin Khan, Justice Jamal Khan Mandokhel and Justice Athar Minallah will hear the review petition next week.