Daily Times

If a judge resigns by destroying the reputation of the institution, it cannot happen: Chief Justice

Islamabad: (Web Desk) Chief Justice Qazi Faiz Isa has given important remarks and said that it cannot happen that a judge destroys the reputation of the entire institution and then resigns, and we do not take any action against him.
According to the details, a meeting of the Supreme Judicial Council was held on the issue of action against former judge Mazahir Ali Akbar Naqvi under the chairmanship of Chief Justice of Pakistan Qazi Faiz Isa. At the beginning of this meeting, Attorney General Mansoor Usman Awan read out the resignation of former judge Mazahir Syed Mazahir Ali Akbar Naqvi.
Attorney General of Pakistan Mansoor Usman Awan said that if a judge resigns, no further action can be taken against him according to the rules of the Supreme Judicial Council.
Honorable Judge Justice Ameer Bhatti, a member of the Supreme Judicial Council, pointed out Article 209(3) of the Constitution on this occasion. Attorney General Mansoor Usman said that according to the constitution, if no member is present, then the most senior judge will be the council member.
Chief Justice of Pakistan Qazi Faiz Isa remarked that Justice Ijaz-ul-Ahsan does not want to sit in the proceedings, we have to see if we four members can take the proceedings forward. Under Article 209, in the absence of a member, the most senior available judge shall proceed with the proceedings, if Justice Mansoor Ali Shah becomes available. Later, a brief break was taken in the Supreme Judicial Session, after which the session resumed, Justice Mansoor Ali Shah participated in the proceedings.
Chief Justice Qazi Faiz Isa said that the matter is over? Assist the Attorney General. This resignation was not given at the beginning of the proceedings of the Supreme Judicial Council, the resignation has been given after issuing a show cause notice by the Supreme Judicial Council.
He remarked that it is possible that the judge resigned under pressure and the petitions are wrong. If the judge resigns under pressure, it will damage our reputation. We are in an unusual situation. Resignation is a personal decision of a judge. The process of removing the judge from office is definitely over.
Chief Justice of the Supreme Court of Pakistan, Qazi Faiz Isa, while giving remarks, said that the complaints were genuine or not? Someone has to give a finding. The whole of Pakistan is looking at us. A judge should resign after destroying the reputation of the entire institution and we should not take any action against him.
Attorney General Mansoor Usman said in front of the court that the question before the Supreme Judicial Council is what effect the resignation of a respected judge will have on the proceedings. Public trust is directly related to transparency.
He said that the procedure for removing a judge from office is listed in the Rules of Procedure 2005. A 2-member bench of the Supreme Court had decided in June 2023 that if the judge retires, no action can be taken against him.
He said that in this case, the complaint information against the former Chief Justice Saqib Nisar was sent to the Supreme Judicial Council, due to the lack of action against him, the constitutional petition was filed in 2020 and the decision was taken in 2023.
Chief Justice Qazi Faiz Isa said that the proceedings in the case of former Chief Justice Saqib Nisar have now started, on which the Attorney General said that the Supreme Judicial Council is facing a first-of-its-kind case. It does not mean that the Supreme Judicial Council cannot give an opinion. What if a friend of a respected judge in the council tells him on the last day of the proceedings that you are about to be fired and he resigns? What is the Attorney General’s opinion on this?
On this, the Attorney General of Pakistan said that the resignation of a judge during the proceedings of the Supreme Judicial Court is the first case of its kind, the decision that came in June 2023 was of a 2-member bench, while after the coming of the Practice and Procedure Bill, constitutional matters But this bench could not give a decision.
The Supreme Court issued notices to Khawaja Haris and Justice Mazahir Ali Akbar Naqvi and postponed the meeting of the Supreme Judicial Council till 11:30 am on Friday, January 12, 2024.