Judge’s Resignation Doesn’t Halt SJC Proceeding, Rules Supreme Court

The Supreme Court has ruled that proceedings initiated by the Supreme Judicial Council against a judge will continue even after the resignation has been tendered. In a decision announced by a five-member bench headed by Justice Aminuddin Khan, the court partially accepted the intra-court appeal filed by the government against the apex court’s 2023 judgment in Afia Sheharbano Zia’s case. The ruling was issued with a 4-1 majority, with Justice Hasan Azhar Rizvi opposing the decision on the grounds that the petition was time-barred.

The short verdict stated that once proceedings have been initiated, they cannot be halted even after the resignation of the judge. The court emphasized that the SJC has the authority to continue proceedings against a judge who has resigned, and it is within the council’s prerogative to address pending complaints against retired judges. The detailed verdict is expected to be issued at a later date.

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This ruling clarifies the legal position regarding the continuation of disciplinary proceedings against judges even after they have resigned from their positions. The decision reinforces the independence and authority of the Supreme Judicial Council in handling complaints against judges, ensuring accountability within the judiciary.