The Supreme Court of Pakistan (SC) ruled on Wednesday that the resignation of a judge during proceedings before the Supreme Judicial Council will not impede the council's ability to continue its investigations.
This verdict came following the completion of hearings on the federal government's appeal regarding the continuation of such proceedings, marking a significant development in the country's judicial landscape.
A five-member bench, led by Justice Aminuddin Khan, presided over the case, which saw a split decision with a ratio of 1-4, as Justice Hassan Azhar Rizvi dissented from the majority judgment.
The bench's decision reinforces the autonomy of the Supreme Judicial Council to pursue inquiries against judges, regardless of their resignation status.
During the hearings, Justice Musrat Hilali raised a crucial query regarding the implications of a judge's resignation mid-proceedings. In response, Judicial Assistant Akram Sheikh underscored the council's independence from such resignations, citing the need for uninterrupted due process.
Justice Hilali referenced a similar scenario in India, where a judge's retirement during an inquiry did not derail proceedings, highlighting the importance of judicial continuity. Justice Irfan Saadat also questioned whether the absence of a notice from the council would terminate a reference against a judge.
Chief Justice Jamal Khan Mandukhel stressed that addressing complaints against judges is not solely the responsibility of the council chairman but of the entire council, revealing a backlog of over 100 complaints awaiting resolution.
The case, which had garnered significant attention, witnessed rigorous arguments from judicial assistants Akram Sheikh and Khawaja Haris, who contributed to the comprehensive deliberations before the bench.
