Govt to challenge ex-judges’ immunity to accountability, AG tells SJC

ISLAMABAD: The Supreme Judicial Council (SJC) was informed on Friday that the federal government will challenge the verdict of the Supreme Court that retired judges of the superior judiciary could not be held accountable for their misconduct.

Chief Justice Qazi Faez Isa, being the SJC chairman, conducted the proceedings on the misconduct complaints filed against Justice Mazahar Ali Akbar Naqvi who the other day had tendered his resignation.

Other members of the council included Justice Ameer Hussain Bhatti, Justice Naeem Afghan Baloch, Justice Sardar Tariq Masood and Justice Syed Mansoor Ali Shah.

The SJC the other day had issued notices to Justice Mazahar and his counsel after hearing misconduct complaints filed against the judge.

Facing numerous misconduct complaints filed against him with the SJC, Justice Mazahar tendered his resignation, saying that it was no longer possible for him to continue to serve as a judge of the Supreme Court.

On Friday, during the SJC proceedings, Attorney General (AG) Mansoor Usman Awan informed the council that the government was going to file an intra-court appeal (ICA) against the Supreme Court verdict delivered in Afiya Zia Sheherbano case wherein the apex court had held that retired judges of the superior judiciary could not be held accountable for their misconduct.

In pursuance of the SJC’s last order issuing notices to Justice Mazahar and his counsel Khwaja Haris, the assistant of Khwaja Haris told the court that the counsel was on his way to the federal capital but due to fog on the motorway, he remained blocked.

The assistant informed the council that as Justice Mazahar had tendered his resignation, the SJC could proceed only against the serving judges, not the retired judges.

Meanwhile, the council, while dictating its order, noted that the AG had informed the SJC that the government was going to file an ICA against the apex court judgment.

Justice Isa observed that he will now examine the facts given in the complaints filed against the judge and directed the witnesses to appear also on the SJC’s next proceedings. Later, the council adjourned the proceedings until February 15 at 11:30am