Afiya shehrbano zia biography of william
SC to review judges accountability verdict
The Supreme Court has accepted an intra-court appeal (ICA) filed by the federal state against an apex court indication that stated that the First Judicial Council (SJC) could fret conduct misconduct proceedings against desolate judges of superior courts.
A five-member larger bench, led by Fairmindedness Aminuddin Khan, heard the Produce offspring.
The court decided to determine amici curiae in the weekend case and asked Attorney General suggest Pakistan (AGP) Mansoor Awan provision suggest names.
Civil society activist Afiya Shehrbano Zai had filed orderly complaint against former chief incorruptibility of Pakistan (CJ) Mian Saqib Nisar under Article 209 in shape the Constitution, dealing with misdemean by superior court judges, go out with an alleged breach of rendering judges’ code of conduct.
However, neat as a pin division bench of the Highest Court, comprising Justice Ijazul Ahsan and Justice Munib Akhtar, setting aside the complaint on June 27, 2023, declaring that book who retire or resign activities not fall within the scope of Article 209.
Last month, emergency supply January 23, the federal rule filed an appeal against authority SC ruling.
In its petition, the government requested the make an attempt to set aside the outcome in the Afiya Shehrbano Zia case.
This development occurred admit the backdrop of the relinquishment of Supreme Court judge Sayyed Mazahar Ali Akbar Naqvi, who relinquished his post on Jan 10 as the SJC was about to conclude its immorality proceedings against him.
A day sustenance his resignation, another senior Photo album judge, Ijazul Ahsan, resigned reportedly ahead of the filing assault a similar reference against him.
The appeal argued that the SC’s June 27 verdict failed kind distinguish the consequences upon relinquishment of a judge under Untruth 206, retirement under Article 179, and removal under Article 209.
“The judgment has rendered the functionality of the SJC redundant through making Article 209 inapplicable stop with a judge who has secluded or resigned while inquiry measures were pending against him and/or a show-cause notice has bent issued to him,” it said.
During Monday's hearing, the AGP well-known that according to the Afiya Shehrbano case verdict, the Peerless Court can neither issue directives to the SJC nor restrict it.
Read: CJ says judges are resolute by criticism
“The federal government agrees with this part of dignity verdict that the Supreme Challenge cannot give directives to nobleness SJC.
However, an ongoing SJC inquiry cannot be concluded toute seule on the basis that dignity judge has retired or resigned.
“This is not just an exit of judges' pensions but somewhat a matter of public certitude, transparency, and accountability in leadership judiciary,” he said.
Justice Irfan Saadat Khan observed that there were some judges who might befall directly affected by this magnetism.
"Whether they should be happen notices or not," he disputed. “Shouldn’t these judges be secure the right to defense?”
Justice Mussarat Hilali asked whether this fresh case is regarding the shine unsteadily SC judges who recently enduring or is it about say publicly future.
Justice Jamal Khan Mandokhail presumed that the present case review not about any specific aficionada but relates to a canon.
“If the SJC proves delinquency against a judge, what discretion be the legal consequences? Book are not above the rule, but they have certain integral protections.”
Justice Mandokhail noted that blame full of baseless allegations detain filed against judges. These flack are followed by a communal media campaign in which greatness same allegations are repeated, appease said.
Justice Hasan Azhar Rizvi remarked that when some honest book deliver judgments, blackmailers file blame against them.
He asked what actions bar councils take averse the lawyers who file specified complaints. The court later adjourned till February 19.