Govt appeals top court’s ruling against judicial council’s action on former judges

• Govt information plea beneath SC (Observe and Process) Act, 2023.
• Plea seeks nullification of SC ruling in Afiya Sheherbano case.
• Transfer comes after prime courtroom reserved verdict on ex-judge’s plea.

ISLAMABAD: The federal authorities on Tuesday moved the Supreme Court docket in opposition to its 2023 judgment within the Afiya Shehrbano Zia case, proscribing the Supreme Judicial Council (SJC) from taking motion in opposition to former judges.

The transfer got here shortly after the highest courtroom reserved a verdict on a petition by Shaukat Aziz Siddiqui, who’s an ex-Islamabad Excessive Court docket (IHC) decide, in opposition to his dismissal from the put up.

Within the plea filed in opposition to the Afiya Sheherbano case ruling beneath the SC (Observe and Process) Act, 2023, the federal government has nominated the SJC, apex courtroom registrar and others as events.

It moved the apex courtroom to put down guidelines on whether or not the judicial council can proceed the motion in opposition to judges even after they’ve tendered their resignations.

The federal government demanded the Supreme Court docket to nullify its ruling within the Afiya Sheherbano case.

A 3-member bench of the highest courtroom on June 27, 2023, dominated that the SJC can not take or proceed motion in opposition to the jurists in the event that they step down or retire.

The judgment held that judges who retire or resign don’t fall inside the ambit of Article 209 of the Structure that determines misconduct of superior courtroom judges.

Earlier within the day, the highest courtroom in brief order on Siddiqui’s plea acknowledged:

“If deemed crucial, additional judicial motion will be taken by the Supreme Court docket.”

The courtroom requested: 

• What reduction will be given if Shaukat Siddiqui’s enchantment is permitted?
• Can the Supreme Court docket refer the matter again to the Supreme Judicial Council?
• Is the decide’s speech itself not in opposition to the code of conduct if council motion shouldn’t be required?”

It directed the events to submit their responses to the aforementioned questions inside three weeks.

It have to be famous that the previous IHC decide was faraway from his place for his speech concentrating on intelligence businesses when he was addressing the Rawalpindi Bar Affiliation on July 21, 2018.

In his handle, the ex-judge accused delicate establishments of interfering in judicial work.

A number of references have been subsequently filed in opposition to him which included additional bills on authorities residence, two associated references in opposition to him passing remarks through the listening to of the Faizabad sit-in case in 2017, one other in search of his dismissal and one taken up by the SJC following on a criticism filed in opposition to him within the wake of the speeches.

He was finally dismissed from the put up on October 11, 2018, after the SJC determined to dismiss him.

The decide then challenged his dismissal by the SJC in 2018 and his case has been ongoing ever since with the final listening to on the constitutional petition held on June 13, 2022.

Siddiqui, in his petition, requested to cancel the dismissal notification issued in opposition to him as an IHC decide.

The decide is being represented by senior lawyer Hamid Khan, whereas events within the petition embrace the Islamabad Bar Affiliation and Karachi Bar Affiliation.