SC declares the appeal filed by federal govt in a case related to SJC proceedings against retired judges of superior judiciary as maintainable

The court has decided to appoint senior lawyers Makhdoom Ali Khan, Khawaja Haris Ahmed and Barrister Khalid Javed Khan as amicus curie. The court directed Attorney General Barrister Mansoor Usman Awan , adjourned hearing of the case till next Monday.

The head of the bench Justice Aaminuddin Khan remarked that does any judge want to retire with respect or wants to retire with baggage. Whereas Justice Jamal Khan Mandokhail has said that this is very difficult petition as we are deciding our own future and every judge wants to retire with respect. He said we are sitting on a very fragile chair.

Five-member larger bench headed by Justice Aminuddin Khan and comprising Justice Jamal Khan Mandokhail, Justice Syed Hasan Azhar Rizvi, Justice Musrrat Hilali and Justice Irfan Saadat Khan conducted hearing on the petition filed by federal government for revisiting the Aafia Shehrbano Zia case judgment. One application was filed through secretary Ministry of Law and Justice while second application was filed by Aafia Shehrbano Zia.  In the applications, Supreme Judicial Council and others have been made party.

Attorney General Barrister Mansoor Usman Awan appeared before the court on behalf of federation while Waqas Ahmed Mir appeared on behalf of Aafia Shehrbano Zia through video link from Supreme Court Lahore Registry.

Attorney General of Pakistan in his arguments said that on the last hearing the bench had issued questions on the issue of limitation. Justice Irfan Saadat Khan said that a new application has been filed, adding that in the case attorney general has to be issued notice. The court while issuing notice to federation has made it party.

Attorney General argued that under Article 209 of the Constitution, President of Pakistan could not file reference with the Supreme Judicial Council against any judge of the Supreme Court or High Court without the advice of prime minister and federal cabinet

Attorney General further said two-member bench of Supreme Court while explaining Article 209 of the Constitution declared that proceedings cannot be carried out against the retired judges or the judges who resigned and Supreme Court cannot regulate proceedings of the Supreme Judicial Council.

He further said that two-member bench issued this verdict without issuing notice to anyone. He further said if proceedings against some judge are underway in the Supreme Judicial Council and he resigns then the question mark will remain intact. Justice Syed Hasan Azhar Rizvi said two judges can be affected from this case, continuing should they not be made party and whether their representation should not be done and should they not be given right of defense.  The court adjourned further hearing of the case till February 19.