ISLAMABAD – One other senior choose of the Supreme Court docket, Justice Ijazul Ahsan Thursday tendered his resignation.
Justice Sayyed Mazahar Ali Akbar Naqvi, the opposite day, had resigned because the Supreme Court docket choose over the Supreme Judicial Council’s proceedings in opposition to him on fees of misconduct.
Based on the resignation advertdressed to President Dr Arif Alvi, Justice Ahsan mentioned: “I now not want to proceed as a choose of the Supreme Court docket of Pakistan.” He additionally wrote; “I resign as per Article 206(1) of the Structure with instant impact.” The letter, nonetheless, didn’t point out a motive for the resignation.
Justice Ijaz, was heading a five-judge bench, which had declared that clause (d) of subsection (1) of Section 2 of the Pakistan Military Act, 1952 (in each of its sub clauses (i) & (ii)) and subsection (4) of Part 59 of the mentioned Act are extremely vires the Constitution and of no authorized impact. It additionally declared that the trial of civilians, arrested aftermath of ninth Might incident, by army courts is null and void and ordered that they be tried by legal courts established underneath the odd and/or particular regulation.
Justice Ijaz ul Ahsan, being third in seniority listing of Supreme Court docket judges on Thursday declined to be a part of the SJC which heard complaints in opposition to Justice Naqvi in open court docket. He had additionally refused to affix different members of the council on Nov 22, 2023, within the issuance of a contemporary showcause discover to Justice Naqvi.
In his letter to the SJC members on Tuesday final, Justice Ahsan had regretted the hasty proceedings and that debate and dialogue had been non-existent and weren’t permitted through the ongoing council proceedings.
“Thus Nov 22, 2023 proceedings when the second show-cause discover was issued in opposition to Justice Naqvi had been utterly devoid of any discussion or deliberation in anyway,” he had mentioned. This way of proceedings has solid an unwelcome doubt over the entire course of, subsequently he disagreed with the method adopted and the way by which the proceedings had been being performed, Justice Ahsan defined.
Referring to the allegations within the criticism in opposition to the choose, the letter regretted these had been totally with out advantage or substance, each in regulation and even on a prima facie appraisal of the information. The letter regretted {that a} reasoned and deliberative strategy must have been adopted which might have prevented the council from falling into the error that was dedicated with the issuance of the show-cause discover. Justice Ahsan was a part of the five-member bench that handed the judgment within the high-profile Panamagate case in 2017, which led to the disqualification of Nawaz Sharif, the then-prime minister. He was the monitoring choose to oversee and monitor the implementation of the Panamagate case verdict.
Justice Ahsan assumed the place of chief justice of the Lahore Excessive Court docket on November 6, 2015. A 12 months later, on June 28, 2016, he was elevated to the place of choose within the Supreme Court docket.
On April 10, 2023, lawyer Sardar Salman Ahmad Dogar had moved a reference earlier than the SJC in opposition to Justice Ahsan and others. The criticism had alleged judicial misconduct on the a part of former CJP Umar Ata Bandial, Justice Ahsan and other SC judges The complainant primarily based his reference on an alleged violation of the Code of Conduct for judges of the superior judiciary issued by the SJC on Sept 2, 2009.
On April 14, a criticism was filed within the SJC in opposition to eight SC judges listening to petitions challenging a proposed regulation to curtail the powers of the CJP.
The reference, filed by lawyer Mian Dawood, had sought the elimination of former CJP Bandial, Justice Ahsan and others over alleged misconduct and deviation from the judges’ code of conduct.