- Judge, second in seniority, sends resignation to President Dr Arif Alvi
ISLAMABAD: What comes as a blow to the top court, Justice Ijazul Ahsan on Thursday resigned from as position as the senior judge of the Supreme Court.
Justice Ahsan has submitted his written resignation to President Dr Arif Alvi.
The development comes a day after Justice Sayyed Mazahar Ali Akbar Naqvi – who faces charges of misconduct –resigned as a judge of the Supreme Court, saying it was almost impossible for him to continue holding this position.
Justice Naqvi is accused of misconduct and embroiled in ongoing proceedings at the Supreme Judicial Council (SJC) in this connection. His resignation was accepted by the president subsequently.
On Tuesday, Justice Ijazul Ahsan raised concerns about the manner in which the SJC was conducting proceedings on complaints filed against another Sayyed Mazahar Ali Akbar Naqvi.
Justice Ahsan had called for the withdrawal of the show cause notice issued to Justice Naqvi on November 22.
The senior judge issued his 4-page opinion, highlighting the reasons why he disagreed with the majority verdict to issue show cause notices to Naqvi.
“Before I set out my reasons, I wish to say something about the manner in which these [SJC] proceedings are being conducted. Unfortunately, in my opinion, proceedings are being conducted in undue haste contrary to established norms,” he said.
He was second in the seniority list of the Supreme Court judges and was slated become the next chief justice of Pakistan following incumbent CJP Qazi Faez Isa’s retirement in October this year.
“I have had the honour and privilege of serving as a Judge of the Lahore High Court, the Chief Justice of the Lahore High Court and a Judge of the Supreme Court of Pakistan,” Justice Ahsan wrote in his resignation, a copy of which is available with Pakistan Today.
The top judge said that he no longer wished to continue as a judge of the Supreme Court of Pakistan.
“Therefore, I, Justice Ijaz ul Ahsan, resign as a Judge of the Supreme Court of Pakistan in terms of Article 206(1) of the Constitution with immediate effect,” he further said.
According to the judge, the council, entrusted as it is with enormous constitutional responsibilities under Article 209 of the Constitution, is a body that must act with deliberate care and after full, frank and detailed discussion. “This is especially so where there is no unanimity and some members (or even one member) are inclined to disagree with [the] majority. This approach has been entirely lacking in the present proceedings. Debate and discussion has been non-existent and has not been permitted.”
Justice Ahsan also said the SJC proceedings on November 22, 2023, when it issued the second notice to Justice Naqvi, were completely devoid of any discussion or deliberation whatsoever. This manner of proceedings, he said, has cast an unwelcome doubt over the whole process. “I, therefore, disagree with the process followed and the manner in which the proceedings are being conducted,” he added.
In June 2016, Justice Ahsan assumed the role of a Supreme Court judge. Currently, he was number three on seniority list.
Following his resignation, Justice Mansoor Ali Shah is poised to ascend to the position of chief justice later this year, as he has become the senior most SC judge.
Earlier in the day, Justice Ahsan had recused himself from attending the Supreme Judicial Council (SJC) meeting. Chairman Qazi Faiz Isa presided over the session, with Justice Sardar Tariq Masood, Chief Justice of Balochistan High Court, and the Chief Justice of Lahore High Court participating as members. Notably, Justice Ahsan chose not to be part of the meeting.
During the proceedings, no legal representative for Justice Mazahar Ali Akbar Naqvi was present. The Chief Justice of Pakistan instructed the Attorney General to read out Justice Naqvi’s resignation.
The chief justice briefly halted the council’s proceedings, acknowledging the absence of Justice Ijazul Ahsan. He announced that Justice Mansoor Ali Shah, the senior judge, would be consulted regarding his availability. If Justice Shah is present, the council’s actions will proceed accordingly.
Following the break, the meeting resumed with Justice Mansoor Ali Shah joining as a council member under the chairmanship of the Judicial Council.
PML-N demands ‘accountability’ of Justices Ahsan, Naqvi
Commenting on the resignation during a Lahore press conference, PML-N Information Secretary Marriyum Aurangzeb raised questions about why Justices Ahsan and Naqvi chose to step down.
“Do they believe that resigning from the highest court will absolve them of injustices done by them?”
Aurangzeb alleged that the two judges had “done injustice” to the people of the country.
ترجمان پاکستان مسلم لیگ (ن) مریم اورنگزیب کی پریس کانفرنس۔ https://t.co/fpKyviOCo0
— PMLN (@pmln_org) January 11, 2024
“A monitoring judge of JIT, Justice Ijazul Ahsan, seems to believe that resigning can erase the injustices inflicted on the country over six years,” she remarked.
She emphasised that resigning alone would not conclude the matter; accountability must follow.
Aurangzeb pointed out that if an elected prime minister could undergo scrutiny, it was only fair for any individual, including a Supreme Court judge, to face accountability.
“Turning the Supreme Court into a mockery and disparaging a former premier [who is] now gaining elevated stature is unacceptable,” she added.
She further said that those “involved in conspiracies are now facing the consequences”.
“It is a warning for everyone that the reality of decisions they make today will be revealed in the future. Misusing authority will inevitably manifest in the fate of individuals like Justice Ahsan and Justice Naqvi,” she said.
