In a landmark decision, the Supreme Court of Pakistan has ruled that ongoing judicial proceedings against judges will not be automatically terminated if the judge resigns.
This judgment comes in response to the government’s appeal challenging an earlier action by the Supreme Judicial Council against a former judge.
During the proceedings, which saw a five-member bench headed by Justice Aminuddin, there was partial acceptance of the government's appeal, with a four-to-one verdict in favor. However, it's noteworthy that Justice Hasan Azhar Rizvi dissented from the majority decision, indicating a divergence in opinions.
The appeal, filed by the federal government, pertained to actions taken by the Supreme Judicial Council regarding the Aafia Sherbanu case decision.
Attorney General Mansoor Usman articulated the government’s stance during the hearing, highlighting the pivotal role of the Supreme Judicial Council in addressing service misconduct during a judge's tenure.
Attorney General Mansoor Usman underscored the importance of judicial accountability for upholding the independence of the judiciary. He emphasized that the judiciary serves as a crucial mediator between the state, its citizens, and the government, and thus must maintain its independence.
Furthermore, Mansoor Usman emphasized the significance of the Supreme Judicial Council's autonomy in carrying out inquiries against judges under Article 209. He clarified that the Council is vested with the authority to investigate cases of judicial misconduct, ensuring adherence to the judicial Code of Conduct.
