Govt to challenge law protecting retired judges

Ex-SC judge Naqvi’s lawyer tells SJC no action can be taken against his client

ISLAMABAD:

The interim federal government on Friday decided to challenge the law granting amnesty to former judges after Justice (retd) Sayyed Mazahar Ali Akbar Naqvi’s lawyer told the Supreme Judicial Council (SJC) that no legal action could be taken against his client now that he had tendered his resignation.

A meeting of the SJC, presided over by Chief Justice of Pakistan Qazi Faez Isa, took up the complaints of misconduct against Justice (retd) Naqvi.

The SJC had issued a notice to the Supreme Court judge and his lawyer Khawaja Haris after which Justice Naqvi stepped down from his post.

The registrar read out the reply sent by Naqvi’s lawyer that stated that the council could only take action against a serving judge, and not a retired one.

The assistant lawyer of Naqvi’s counsel told the SJC that Haris was arriving in Islamabad from Lahore and no action should be taken against the former SC judge as he had resigned from his post.

The attorney general for Pakistan said the government would challenge the SC decision in the case of civil society activist Afiya Shehrbano’s complaint against then CJP Mian Saqib Nisar under Article 209 of the Constitution over alleged breach of the judges’ code of conduct.

A two-judge bench of the SC in its verdict had observed that an errant judge could not be removed from their office in case they had already retired or resigned.

CJP Isa observed that the verdict of the Afiya Shehrbano case read that only the SJC could act against a judge.
He added that the case would be heard again after the February 8 elections, preferably on the 15th, 16th or 17th of the month.

Later, the SJC proceedings were adjourned till February 15. In its order issued on Friday, the SJC wrote that the AGP had said he was filing an appeal against the Afiya Shehrbano case verdict.

It added that the AGP had also told the council that he was taking this step on the instruction of the interim federal government.

The order continued that the SJC meeting was being adjourned for now and would be held again at 11am on February 15.
Naqvi, who faces charges of misconduct, resigned two days ago as a judge of the SC, saying it was no longer possible for him to continue holding this position.

He is accused of misconduct and embroiled in ongoing proceedings at the SJC in this connection. Ten complaints accusing the former judge of misconduct are pending in the SJC