The Supreme Court conditionally allowed the federal government on Wednesday to become a party to a case pertaining to continuing the Supreme Judicial Council (SJC) proceedings against retired or resigned judges facing charges of misconduct.
A five-judge larger bench, led by Justice Aminuddin Khan and including Justice Jamal Khan Mandokhel, Justice Syed Hasan Azhar Rizvi, Justice Musarat Hilali, and Justice Irfan Saadat Khan, said the federal government’s appeal would be subjected to the preliminary hearing.
Earlier, Attorney General for Pakistan (AGP) Mansoor Usman Awan informed the bench that the action could continue against a judge, against whom complaints were pending in the SJC, regardless of the judge’s retirement or resignation.
The court issued notices to the other parties, including the SJC, and declared that the federal government’s right to be heard would be subject to the preliminary hearing of the case.
The court also issued notices on the appeal filed by the main petitioner in the case, Aafia Sher Bano.
During the hearing, the AGP argued that a two member bench of the apex court had decided that no action could be taken in the SJC against a retired or resigned judge.
However, he added that whenever a matter of constitutional interpretation arises, notice must be issued to the AGP.
Justice Mandokhel pointed out that the issue before the bench was whether a complaint against a retired judge could proceed in the SJC. Justice Khan raised the question about filing the appeal after a delay of 196 days.
On that, the AGP cited various court decisions to condone the delay. The court granted conditional permission to the government to become a party. Later, the court adjourned the hearing for two weeks after issuing a notice on the intra-court appeal moved by Aafia Sher Bano.
