The recent ruling by the Supreme Court establishes a precedent regarding disciplinary proceedings initiated by the Supreme Judicial Council (SJC) against a judge even after resignation. The decision, announced by a five-member bench led by Justice Aminuddin Khan, addressed an intra-court appeal filed by the government challenging the apex court’s 2023 judgment in the Afia Sheharbano Zia case. With a majority vote of 4-1, the court partially accepted the appeal, with Justice Hasan Azhar Rizvi expressing dissent due to the petition being considered time-barred.

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According to the concise verdict, once proceedings have commenced, they are not subject to cessation upon the resignation of the judge. The court underscored the SJC’s prerogative to persist with proceedings against a resigned judge and address pending complaints against retired judges. However, a comprehensive explanation of the ruling is expected to be provided at a later date through a detailed verdict.

This ruling serves to clarify the legal framework regarding the continuity of disciplinary actions against judges post-resignation, bolstering the independence and authority of the Supreme Judicial Council in addressing complaints against judicial officers. Such measures contribute to maintaining accountability within the judicial system, ensuring the integrity of the judiciary.