ISLAMABAD: What is being described as first instance of ruling against a Supreme Court judge, the Supreme Judicial Council (SJC) on Thursday ‘found’ Justice (r) Sayyed Mazahar Ali Akbar Naqvi guilty of misconduct.
“Allegations are levelled against Judges of the Supreme Court and High Courts and the same are publicised. A number of Judges have expressed concern that if they respond to such allegations the same may be construed as misconduct because the Code of Conduct, dated 2 September 2009 issued by the Supreme Judicial Council, in its Article-V states that a Judge should not seek publicity. The Supreme Judicial Council deliberated upon the matter and was of the opinion that if a reply or clarification is issued by or on behalf of a Judge it does not violate Article-V,” a press release issued by the SJC, after it convened a meeting on February 29 and March1, read.
During the meeting, it said, the SJC reviewed six complaints, dismissing five due to lack of substance. However, one complaint against a judge from the High Court of Balochistan prompted the issuance of a notice, requiring the judge to provide a response within 14 days.
“SJC rendered its opinion in respect of the nine complaints against Sayyed Mazahar Ali Akbar Naqvi under Article 209(6) of the Constitution of Islamic Republic of Pakistan and opined that he was guilty of misconduct and should have been removed from the office of Judge,” the statement concluded.
Last month, in unexpected turn of events, Justice (retd) Naqvi resigned from his position amid allegations of misconduct. Surprisingly, Justice (retd) Ijazul Ahsan followed suit within a day, prompting speculation about the reasons behind their sudden departure.
“In the circumstances which are a matter of public knowledge and to some extent public record, it is no longer possible for me to continue to serve as a judge of the Supreme Court of Pakistan,” Justice Naqvi wrote in his resignation.
“Considerations of due process also compel. I, therefore, effective today resign as judge of the Supreme Court of Pakistan,” he added.
In a letter sent to Chief Justice of Pakistan Qazi Faez Isa and all SC judges in December, Justice Naqvi wrote that the treatment meted out to him by the SJC was “nothing short of disgraceful”.
In October last year, the SJC issued a show-cause notice to Justice Naqvi in connection with the complaints lodged against him and directed the judge to submit a reply within two weeks.
Headed by CJP Isa, the SJC includes Justice Tariq Masood, Justice Ijazul Ahsan, Lahore High Court Chief Justice Muhammad Ameer Bhatti, and Balochistan High Court CJ Naeem Akhtar.
In a preliminary reply submitted to the council in November, Justice Naqvi cited “serious prejudice” against him, demanding that CJP Isa, Justice Masood and CJ Akhtar should recuse themselves and not hear the matter.
On November 20, Justice Naqvi challenged the SJC proceedings against him and also contested the show-cause notice issued to him by the council, maintaining that the initiation of proceedings was coram non-judice and without lawful authority.
Later, the SJC issued a fresh show-cause notice to Justice Naqvi on November 22, directing him to file his reply within 14 days.
On December 4, Justice Naqvi again approached the top court and expressed his intent to pursue the constitutional petition he had moved earlier seeking to quash the revised show-cause notice issued by the SJC.
After a couple of days, Justice Naqvi drew the attention of the SC committee comprising three senior-most judges towards the silence over his petitions challenging the issuance of the show-cause notice despite the lapse of time as stipulated in the Supreme Court (Practice & Procedure) Act, 2023.
On December 15, the SJC in an open hearing gave two weeks to Justice Naqvi to respond to the misconduct allegations and directed him to submit a reply to the show-cause notice by January 1.
Later, the judge filed a detailed response to the show-cause notice, claiming that the allegations against him were “absolutely and maliciously false”.
He added that the SJC was not empowered to entertain any complaint against a judge and was only entitled to receiving “information”.
On January 8, Justice Naqvi withdrew his objection to the three-judge bench hearing his plea challenging the issuance of a show-cause notice to him.
Earlier, a three-member SC bench led by Justice Aminuddin Khan and comprising Justice Jamal Khan Mandokhail and Justice Musarrat Hilali dismissed Justice Naqvi’s petition to halt the ongoing misconduct proceedings at the SJC.
