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A five judges Supreme Court bench today declared that superior court judges already under probe for alleged misconduct can be punished by the supreme judicial council even if they had retired or resigned during the probe. The judgement came after government filed an appeal against an old apex court decision that barred supreme judicial council from taking action against judges who had retired or resigned during an alleged misconduct probe. The 4 to 1 majority decision paved way for action against Justice Mazahir Ali Akbar Naqvi who had suddenly resigned during a judicial council proceedings against him for alleged corruption. The apex court has avoided to answer a question as to what happens if any a complaint against a chief justice is never taken up by the judicial council which is headed by the chief justice itself- a case where former chief justice Saqib Nisar did not take up or start a probe on a complaint against himself before retiring.
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Judges under probe by judicial council can be penalised even after retirement/resignation: Top Court
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