If the proceedings have already been initiated by the Supreme Judicial Council (‘SJC’) against a Judge, same shall not abate on his resignation or retirement, as the case may be, during such proceedings --- Supreme Court of Pakistan

Islamabad 23-02-2024: The Honourable Supreme Court of Pakistan laid down a landmark decision regarding the proceedings against Retired Judges by the Supreme Judicial Council. The decision was made by Bench of 5 Members Judges headed by (1) Mr. Justice Amin-ud-Din Khan whereas Mr. Justice Jamal Khan Mandokhail, Mr. Justice Syed Hasan Azhar Rizvi, Ms. Justice Musarrat Hilali and Mr. Justice Irfan Saadat Khan were Members of the Bench. The decision based on majority of four members and Mr. Justice Syed Hasan Azhar Rizvi disagreed on the points of limitation as well as on merits. The Large Bench of Supreme Court of Pakistan while hearing the appeal filed by the Federation of Pakistan through the Secretary, Ministry of Law and Justice Islamabad [ICA No. 1 and 2/2024 in Constitutional Petition No.19/2020] observed as under:-

“For the reasons to be recorded later, the delay in filing both the appeals is condoned. Both the appeals are partially allowed to the extent that if the proceedings have already been initiated by the Supreme Judicial Council (‘SJC’) against a Judge, same shall not abate on his resignation or retirement, as the case may be, during such proceedings. It is the prerogative of the SJC to proceed with the matter accordingly. The impugned judgment is modified to that extent. This order is with the majority of four by one disagreeing (Syed Hasan Azhar Rizvi, J.) on the point of limitation as well as on merits”.

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