The caretaker federal government has decided to challenge the law that grants retired judges amnesty. The decision was made after the recently retired Sayyed Mazahar Ali Akbar Naqvi’s lawyer informed the Supreme Judicial Council (SJC) that following his client’s resignation, no action could be taken against him.
The Chief Justice of Pakistan Qazi Faez Isa presided over a meeting where the SJC discussed allegations of misconduct against Justice (retd.) Naqvi. It should be recalled that the former Supreme Court Judge had resigned after getting a notice from the SJC.
In his response, Naqvi’s lawyer Khawaja Haris stated that the council can only act against a judge who is still in office and not a retired one.
Khawaja Haris’ assistant lawyer informed the court that the senior lawyer was en route from Lahore to Islamabad. He added that the SJC can’t take any action against Naqvi following his resignation.
The government plans to challenge the Supreme Court’s ruling in the case involving civil society activist Afiya Shehrbano’s complaint against former Chief Justice Mian Saqib Nisar, according to the Attorney General for Pakistan.
The complaint, filed under Article 209 of the Constitution, had alleged a breach of the judges’ code of conduct.
A two-judge bench of the Supreme Court had ruled that an errant judge could not be removed from office in case they had already retired or resigned.
The ruling in the Afiya Shehrbano case, according to Chief Justice of Pakistan (CJP) Isa, indicated that the SJC was the only body with the power to take action against a judge. He said that the case would be reviewed again following the elections on February 8, ideally on the 15th, 16th, or 17th of the same month.
The SJC proceedings were adjourned till February 15. According to the order issued on Friday, the Attorney General of Pakistan (AGP) stated that he was filing an appeal against the Afiya Shehrbano case verdict upon the orders of the federal caretaker government.
