FEDERATION OF PAKISTAN through the Secretary, Ministry of Law and Justice, Islamabad vs SUPREME JUDICIAL COUNC

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FEDERATION OF PAKISTAN through the Secretary, Ministry of Law and Justice, Islamabad VS SUPREME JUDICIAL COUNCIL through Secretary, Supreme Court Building, Islamabad arts. 209(5) & 209(6)---Supreme Judicial Council ("SJC")---Proceedings against a Judge pending before the SJC---Resignation/retirement of Judge---Effect---If proceedings have already been initiated by the Supreme Judicial Council ('SJC') against a Judge, same shall not abate on his resignation or retirement, as the case may be, during such proceedings---Proceedings pending before the SJC which are initiated after issuance of notice to a Judge do not automatically drop or become infructuous on superannuation or resignation of the Judge---It is the prerogative of the SJC to proceed with the matter accordingly. Citation Name: 2024 PLD 698 SUPREME-COURTBookmark this Case FEDERATION OF PAKISTAN through the Secretary, Ministry of Law and Justice, Islamabad VS SUPREME JUDICIAL COUNCIL through Secretary, Supreme Court Building, Islamabad Principles---Constitution should be read as a whole giving every part thereof meaning consistent with the other provisions of the Constitution---As far as possible each provision of the Constitution should be construed to harmonize with all the others---But, in applying these rules the Courts however have to remember that to harmonies is not to destroy---In the interpretation of the Constitutional provision, the Courts always presume that the legislature inserted every part thereof for a purpose and the legislative intention is that every part of the Constitution should have effect---An argument based on what is claimed to be the spirit of the Constitution is always attractive, as it has a powerful appeal to sentiment and emotion---However, a Court of law must derive the spirit of the Constitution from its language---What one may believe or think to be the spirit of the Constitution cannot prevail if the language of the Constitution does not support that view---Strict and faithful adherence to the words of the Constitution, especially so where the words are simple, clear and unambiguous is the rule---Any effort to supply perceived omissions in the Constitution being subjective can have disastrous consequences---Courts cannot, under the disguise of progressive interpretation, amend the Constitution and read that into it which is not enshrined in any provision of the Constitution. Citation Name: 2024 PLD 698 SUPREME-COURTBookmark this Case FEDERATION OF PAKISTAN through the Secretary, Ministry of Law and Justice, Islamabad VS SUPREME JUDICIAL COUNCIL through Secretary, Supreme Court Building, Islamabad arts. 209(5) & 209(6)---Supreme Judicial Council ("SJC")---Proceedings against a Judge pending before the SJC---Resignation/ retirement of Judge---Effect---Proceedings pending before the Supreme Judicial Council ("SJC") shall not abate on account of retirement and resignation of a Judge---Judge who retires or resigns during pendency of proceedings against him/her before the SJC should not be allowed to escape the consequences of removal---Resignation by a Judge during pendency of proceedings against him/her before the SJC does tantamount to circumvention/avoidance of accountability enshrined and envisaged under article 209 of the Constitution---Circumvention of proceedings under article 209 of the Constitution would result in erosion of public trust in the Judiciary---When an inquiry into conduct of a judge initiated by the SJC is terminated without an opinion, on account of retirement or resignation of a judge from his office, it would render article 209(5) & (6) of the Constitution redundant---Termination of inquiry proceedings upon retirement of a judge would otherwise give an impression that the SJC is dependent on the will of the judge, who can overpower the control of the constitutional body---It may create a perception that the judges are above the law---There is no express provision in the Constitution, nor is there any enactment, preventing the SJC from continuing its proceedings of inquiry in a situation where a judge is retired or resigns before conclusion of the inquiry, therefore, it is the constitutional obligation of the SJC to conclude the inquiry initiated against a judge and form an opinion regarding his conduct---If after inquiring into the matter, the SJC is of the opinion that the judge has been guilty of misconduct, under such circumstances, he shall not be eligible for post-retirement benefits---His Lordship observed that in order to ensure independence of the SJC, it is imperative that the Supreme Judicial Council Procedure of Inquiry, 2005' ("Procedure of 2005") is suitably amended in line with the provisions of article 209 of the Constitution, to introduce a regular vigilant mechanism for convening a meeting of the SJC on a regular interval, for initiating and concluding the inquiry proceedings upon a reference or a complaint by the SJC before retirement or resignation of a judge. Citation Name: 2024 PLD 698 SUPREME-COURTBookmark this Case FEDERATION OF PAKISTAN through the Secretary, Ministry of Law and Justice, Islamabad VS SUPREME JUDICIAL COUNCIL through Secretary, Supreme Court Building, Islamabad S. 3---Limitation, law of---Object and scope---Public interest requires that there should be an end to litigation---Law of limitation provides an element of certainty in the conduct of human affairs---Law of limitation is a law that is designed to impose quietus on legal dissensions and conflicts---It requires that persons must come to Court and take recourse to legal remedies with due diligence---Therefore, the limitation cannot be regarded as a mere technicality---With the expiration of the limitation period, valuable rights accrue to the other party. Citation Name: 2024 PLD 698 SUPREME-COURTBookmark this Case FEDERATION OF PAKISTAN through the Secretary, Ministry of Law and Justice, Islamabad VS SUPREME JUDICIAL COUNCIL through Secretary, Supreme Court Building, Islamabad O.XXXIII, R. 6---Inherent powers of the Supreme Court---Scope---Where an express provision is made in a law for a particular purpose, resorting to inherent powers to achieve the same purpose is not permissible---Thus, the inherent power cannot be applied to defeat the express provisions of the statute---Rule 6 of Order XXXIII of the Supreme Court Rules, 1980, can be pressed into service only in a matter which is competently filed before the Supreme Court but it does not give an independent right to initiate proceedings. Citation Name: 2024 PLD 698 SUPREME-COURTBookmark this Case FEDERATION OF PAKISTAN through the Secretary, Ministry of Law and Justice, Islamabad VS SUPREME JUDICIAL COUNCIL through Secretary, Supreme Court Building, Islamabad abuse of legal process---If a provision of law is misused and subjected to the abuse of the legal process, it is for the legislature to amend, modify, or repeal it, if deemed necessary---If blunders are found in legislation, they must be corrected by the Legislature, and it is not the function of the Court to repair them. Citation Name: 2024 PLD 698 SUPREME-COURTBookmark this Case FEDERATION OF PAKISTAN through the Secretary, Ministry of Law and Justice, Islamabad VS SUPREME JUDICIAL COUNCIL through Secretary, Supreme Court Building, Islamabad arts. 209(5) & 209(6)---Supreme Judicial Council ("SJC")---Proceedings against a Judge pending before the SJC---Resignation/retirement of Judge---Effect---Judge, after retirement or resignation, cannot be termed as 'a judge of the Supreme Court or a High Court,' within the purview of article 209 (5) of the Constitution and as such, the Supreme Judicial Council ('the Council') lacks authority to conduct an inquiry against him/her---Being so, any complaint pending against a judge, whether proceedings have been initiated or not, shall abate after his retirement or resignation, accordingly---To avoid such an eventuality, the Council, being aware of the date of retirement, can inquire into and resolve the complaint before the retirement of the Judge---Unfortunately, article 209 of the Constitution does not address the scenario in which a Judge, against whom a complaint is pending or under inquiry, resigns before its conclusion---His Lordship observed that it is expected that the Council, to ensure the smooth functioning of its operations and to safeguard the independence of the Judiciary, will implement clear and transparent procedures for fixing, listing, and hearing complaints, thereby preventing any undue delays or manipulation in the process of accountability---Intra-Court appeals were dismissed. [Minority view] Citation Name: 2024 PLD 698 SUPREME-COURTBookmark this Case FEDERATION OF PAKISTAN through the Secretary, Ministry of Law and Justice, Islamabad VS SUPREME JUDICIAL COUNCIL through Secretary, Supreme Court Building, Islamabad Ss. 3 & 5---Cases involving the Federal or Provincial Government, departments or autonomous bodies filed before the Supreme Court---Limitation prescribed by law not followed without providing any justifiable reasons acceptable under the law---His Lordship observed that the concerned governments, departments or autonomous bodies must understand that the delay in the limitation for filing proceedings can only be condoned if sufficient grounds are provided; otherwise, in the absence of such grounds, no preferential treatment can be offered to the governments, departments or autonomous bodies, and their cases must be dealt with in the same manner as those of an ordinary litigant or citizen.

FEDERATION OF PAKISTAN through the Secretary, Ministry of Law and Justice, Islamabad vs SUPREME JUDICIAL COUNCIL through Secretary, Supreme Court Building, Islamabad arts — 2024 PLD 698 SUPREME-COURT

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