Govt challenges verdict in judge’s misconduct case

Published
0

ISLAMABAD: The federal government on Tuesday moved an intra-court appeal (ICA) before the Supreme Court challenging the 2023 Aafia Shaharbano Zia judgement on the grounds that the Supreme Judicial Council (SJC) has been virtually rendered redundant by making Article 209 of the Constitution inapplicable to a judge facing allegations of misconduct but either retires or resigns.

Authored by Justice Munib Akhtar, a two-judge bench headed by now-retired Justice Ijaz-ul-Ahsan had held in the 2023 Aafia Shaharbano Zia judgement that a judge who retires or resigns does not fall within the ambit of Article 209 that determines about misconduct of superior court judges.

The judgment had come without issuing notice to AGP office under Rule 27A of CPC or the respondents in the petition.

Moved by Additional Attorney General (AAG) Malik Javaid Iqbal Wains on behalf of the federal government, the appeal contended that findings in the judgment have undermined the principles of transparency, accountability and equality guaranteed under Article 4, 10A and 25 of the Constitution.

The appeal has reques­ted the Supreme Court to hold that judges against whom proceedings were initiated under Article 209 of the Constitution should be proceeded against and their resignations would not result in abatement of such proceedings.

Earlier on Jan 12, Attorney General of Pakistan (AGP) Mansoor Usman Awan had made known the intention of the federal government to file an ICA before a five-member SJC that held its meeting in an open court to consider if it should continues proceedings of misconduct against Justice Sayyed Ma­­z­ahar Ali Akbar Naqvi who had resigned on Jan 10.

The ICA argued that by not issuing mandatory notice under Rule 27A to AGP and advocates-general of the provinces, the judgment had become nullity in the eyes of the law.

Though conceding it was not a party to the earlier hearing, the government argued that the same does not deprive the appellant the right to file ICA. The ICA said the federal government is an affected party of the judgment since it was responsible for all pension benefits, which a retired judge of this court was entitled to. Therefore, the federal government was directly affected by the opinion rendered in the judgment in question.

Published in Dawn, January 24th, 2024

Opinion

Editorial

Fixing bond markets
Updated 01 Oct, 2026

Fixing bond markets

Pension funds, insurance companies, mutual funds, retail investors, and eventually, foreign investors must become bigger participants in the market.
Call centre rackets
01 Oct, 2026

Call centre rackets

A NUMBER of recent raids conducted by the authorities in different cities point to the growing threat fraudulent ...
Homeward bound
01 Oct, 2026

Homeward bound

FIVE months after Somali pirates captured an oil tanker carrying a 19-member multinational crew, Somali maritime...
Kashmir unresolved
Updated 30 Sep, 2026

Kashmir unresolved

The just solution lies in India addressing the issue through a trilateral dialogue involving the legitimate representatives of the Kashmiri people and Pakistan.
Water shortage
30 Sep, 2026

Water shortage

THAT the country is entering the Rabi season with an anticipated water shortage of nearly 25pc, the lowest carryover...
Young hearts
30 Sep, 2026

Young hearts

THE observance may have passed, but the message of World Heart Day should not fade with it. The occasion is a useful...