In Islamabad, the Attorney General of Pakistan, Mansoor Usman Awan, announced to the Supreme Judicial Council (SJC) that the government plans to appeal a ruling in the Afiya Zia Shehrbano case, which determined that retired judges could not be pursued for action. This declaration came during an SJC meeting chaired by Chief Justice of Pakistan Qazi Faez Isa, focusing on whether to proceed with misconduct proceedings against the recently resigned Supreme Court judge, Justice Sayyed Mazahar Ali Akbar Naqvi.
Justice Naqvi’s attorney argued that the law does not allow for actions against a judge once they have retired. The SJC, which had been reviewing ten complaints of misconduct against Naqvi, had previously been advised by the former judge’s lawyer, Khawaja Harris, that proceedings could only involve a current judge. Harris’s assistant further contested the continuation of proceedings post-Naqvi’s resignation.
Chief Justice Isa confirmed that, based on the aforementioned case, the SJC’s jurisdiction is limited to acting against sitting judges. Hence, the issue will be revisited by the apex court after the general elections set for February 8. The SJC adjourned till February 15.
Justice Naqvi is among seven apex court judges who have resigned before their term ended, with various reasons cited. Facing misconduct charges, he resigned from the Supreme Court, expressing that circumstances, which are partly public, made it untenable for him to continue. His resignation could secure his pension and other benefits, which could have been forfeited had he been removed by the SJC. Justice Ijazul Ahsan also resigned in a move viewed as showing unity with Naqvi, both of whom were considered allies of the former CJP Umar Ata Bandial. Their departure is a significant setback for the PTI party, which anticipated a comeback with Justice Ahsan’s expected appointment as CJP in October.
