- SJC asks SC judge to respond to 10 complaints of misconduct against him within 14 days
ISLAMABAD: with a majority of 4-1, the Supreme Judicial Council (SJC) has issued a detailed show cause notice to embattled Justice Sayyed Mazahar Ali Akbar Naqvi in connection with misconduct complaints lodged against him.
The SJC — the only forum that can inquire into the conduct of judges of the superior judiciary — by a 4-1 majority ruling directed the jurist to submit a reply within 14 days in connection with 10 complaints lodged against him.
The show cause notice was backed by Chief Justice of Pakistan (CJP) Qazi Faiz Isa, Justice Sardar Tariq, Justice Amir Bhatti, and Justice Naeem Afghan whereas Justice Ijazul Ahsan dissented with the majority opinion.
Earlier, Justice Naqvi had lodged a petition in the apex court, contesting the SJC proceedings. He requested the court to nullify the misconduct allegations against him, deeming them ‘without lawful authority and of no legal effect.’
The petition, filed under Article 184 of the Constitution, seeks the annulment of the show cause notice issued after an SJC meeting on October 27 and the hearing notice from November 13.
Represented by Mukhdoom Ali Khan, Khawaja Haris, Ali Zafar, Latif Khosa, and Saad Hashmi advocates, the petition lists the federation, the country’s president, and the SJC as respondents.
Justice Naqvi contended that a malicious campaign has targeted him since February with ‘false and baseless allegations’ aired publicly, leading to a media trial. He asserts that these acts directly challenge judicial independence.
“A media trial has been conducted. This malicious campaign and the complaints are direct and blatant attacks on the independence of judiciary,” he stated.
Citing the Justice Qazi Faez Isa case ruling, Naqvi argued that the initiated proceedings contradict his fundamental constitutional rights and previous Supreme Court judgments.
Previously, during its October 27 session, the SJC reviewed 29 complaints, dismissing 19 but issuing Naqvi a show cause notice for the remaining 10, alleging financial misconduct. The council, by majority vote, asked for Naqvi’s reply within 14 days.
Justice Naqvi submitted his response to the show cause notice on November 10, accusing three SJC members – Chief Justice Qazi Faez Isa, Justice Sardar Tariq Masood, and Balochistan High Court Chief Justice Naeem Akhtar Afghan – of bias and requesting their recusal.
Justice Naqvi further objected to the SJC’s November 13 hearing notice, stating it was issued without addressing his legal and constitutional objections raised earlier and without reconstituting the SJC, breaching Article 209 of the Constitution and the SJC Procedure of Enquiry, 2005.
He deemed the complaints against him malicious and invalid, asserting that the SJC’s actions lack jurisdiction, making the proceedings void ab initio and without legal effect.
However, despite Justice Naqvi’s objections, the SJC set a hearing for November 20 to review the complaints against him.
