Judges can face action even after resignation: Supreme Court

ISLAMABAD: The Supreme Court of Pakistan has overturned a previous decision and ruled in favor of granting authority to the Supreme Judicial Council (SJC) to take action against judges who resign during ongoing proceedings against them.

A five-member larger bench, presided over by Justice Aminuddin Khan, delivered the verdict on Wednesday, accepting an appeal filed by the federal government. The decision marks a pivotal moment in ensuring accountability within the judiciary.

The case stemmed from a complaint lodged by civil society activist Afiya Shehrbano Zia against former Chief Justice Mian Saqib Nisar, alleging a breach of the judges’ code of conduct. Initially, a two-member bench of the Supreme Court had ruled that no action could be taken against a judge who retires or resigns.

However, following the federal government’s review petition, the matter was reconsidered by the five-member bench. After hearing arguments from both sides, the majority verdict of four to one favored the federal government’s stance.

The bench asserted that the SJC possesses the authority to proceed with disciplinary actions against judges who resign during ongoing proceedings. It clarified that the SJC retains the discretion to determine whether to continue or dismiss proceedings post-resignation, emphasizing that the dignity and independence of the judiciary remain intact despite a judge’s resignation.

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While Justice Hassan Azhar Rizvi dissented from the majority verdict, citing procedural concerns and maintaining that a judge’s resignation is a personal matter, the overall decision represents a significant step towards ensuring transparency and accountability within the judicial system.

This ruling underscores the judiciary’s commitment to upholding ethical standards and ensuring that no individual is above the law, even within the ranks of the judiciary itself.