Resignation of two Pakistan Supreme Court Judges

By Justice Markandey Katju-

Justice Markandey Katju

(Justice Markandey Katju is a former Judge, Supreme Court of India, and former Chairman, Press Council of India. The views expressed are his own)

A great deal of discussion and controversy, which has gone viral on the media in Pakistan, is about two judges of the Pakistan Supreme Court, Justice Mazhar Ali Akbar Naqvi and Justice Ijaz ul Ahsan, who have recently resigned.

I am not going into the question in detail as to why they did so. It is said there were allegations of corruption against Justice Naqvi, while Justice Ijaz ul Ahsan, who was in line to become the next Chief Justice of Pakistan in October, was aggrieved by the dictatorial and arbitrary behavior of Chief Justice Qazi Faez Isa. It is also being said that the Chief Justice of Pakistan Qazi Faez Isa is behind these allegedly forced resignations, as he had a personal grudge against them, as well as against former Prime Minister Imran Khan who had recommended to the President of Pakistan to institute proceedings against Qazi Faez Isa before the Supreme Judicial Council in respect of his wife’s assets in England.

Be that as it may, the question that now arises is whether the Supreme Judicial Council of Pakistan, constituted under Article 209 of the Pakistan Constitution, and consisting of the Chief Justice of Pakistan, the 2 seniormost Supreme Court judges, and the 2 senior most High Court Chief Justices, can continue proceedings against these 2 judges who have resigned?

I have seen the comments of many persons on YouTube including well-known Pakistani journalists like Hamid Mir and Matiullah Jan, who have opined that proceedings before the Council can continue.

I am afraid these persons, portraying themselves as legal experts, have not even cared to read Article 209(6) of the Constitution of Pakistan which states:

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