| Case ID |
3833ae43-9aba-463a-9de8-6b7226504781 |
| Body |
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| Case Number |
Intra Court Appeals Nos. 1 and 2 of 2024 in Consti |
| Decision Date |
Feb 21, 2024 |
| Hearing Date |
Jan 31, 2024 |
| Decision |
The Supreme Court partially allowed both appeals, holding that if proceedings have already been initiated by the Supreme Judicial Council (SJC) against a Judge, these shall not abate on his resignation or retirement during such proceedings. It affirmed the prerogative of the SJC to continue with the matter. The judgment emphasized the importance of accountability in the judiciary and stated that judges cannot escape the consequences of misconduct by resigning or retiring while proceedings are pending. This decision is crucial in ensuring public trust in the judicial system and maintaining the integrity of the judiciary. |
| Summary |
The case revolves around the constitutional interpretation of the Supreme Judicial Council's authority regarding judges' accountability, specifically in instances when a judge resigns or retires while proceedings against them are pending. The Supreme Court of Pakistan ruled that ongoing proceedings against a judge do not automatically terminate upon their resignation or retirement, thus reinforcing the principle of judicial accountability. This decision is pivotal in maintaining public trust in the judicial system, as it ensures that judges remain accountable for their conduct even after leaving office. The ruling underscores the necessity for the Supreme Judicial Council to conclude inquiries into judges' conduct to uphold the integrity of the judiciary and prevent any perception of judges being above the law. This case highlights the balance between judicial independence and accountability, ensuring that the rights of the public to know the outcomes of misconduct investigations are protected. The case raises significant questions about the procedural safeguards necessary for judicial accountability, as well as the legislative intent behind the constitutional provisions regarding the SJC's powers. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Supreme Judicial Council,
Ministry of Law and Justice
|
| Judges |
Amin-ud-Din Khan, J.,
Jamal Khan Mandokhail, J.,
Musarrat Hilali, J.,
Irfan Saadat Khan, J.,
Syed Hasan Azhar Rizvi, J.
|
| Lawyers |
Mansoor Usman Awan,
Ms. Maryam Ali Abbasi,
Ms. Maryam Rashid,
Ch. Aamir Rehman,
Malik Javid Iqbal Wains,
Raja M. Shafqat Abbasi,
Anis Muhammad Shahzad,
Waqqas Ahmad Mir,
Hammad Hussain Shah,
Anas Irtiza,
Ch. Akhtar Ali,
Kh. Muhammad Haris,
Faisal Siddiqi,
Muhammad Akram Sheikh,
Abdul Moiz Jaferii
|
| Petitioners |
FEDERATION OF PAKISTAN through the Secretary, Ministry of Law and Justice
|
| Respondents |
SUPREME JUDICIAL COUNCIL through Secretary, Supreme Court Building
|
| Citations |
2024 SLD 4823,
2024 PLD 698
|
| Other Citations |
In re: Seaman, 627 A. 2d 106, 121 (N.J 1993),
In re Nowell, 293 N.C. 235,
Steensland v. Ala. Judicial Inquiry Comm'n 87 So. 3d 535
|
| Laws Involved |
Constitution of Pakistan, 1973,
Limitation Act (IX of 1908)
|
| Sections |
209(5),
209(6),
3,
5
|