SJC serves show cause notice on Justice Naqvi over misconduct complaints

ISLAMABAD: In a majority decision of 3 to 2, the Supreme Judicial Council (SJC) on Friday issued a show cause notice to Supreme Court judge, Justice Sayyed Mazahar Ali Akbar Naqvi.

The SJC, chaired by the Chief Justice of Pakistan (CJP), Justice Qazi Faez Isa, issued the notice in response to multiple complaints of misconduct against Justice Naqvi, particularly in light of an audio leak scandal that surfaced a few months ago.

The SJC deliberated the matter during the two-hour-long meeting, which was attended by Justice Sardar Tariq Masood, Justice Ejazul Ahsan, Chief Justice Lahore High Court Amir Bhatti, and Chief Justice Balochistan High Court Naeem Afghan.

Justice Naqvi is now required to submit a written response to the show cause notice by November 10, as instructed by the Supreme Judicial Council. This notice was issued based on complaints lodged by the Supreme Court Bar, Pakistan Bar, and other prominent lawyers’ organisations, sources told Express News.

According to insiders, the show cause notice was supported by a majority of three members of the Supreme Judicial Council, while two members expressed reservations against it. The legal community and various lawyers’ organisations had demanded accountability and even the resignation of Justice Naqvi due to his alleged involvement in the audio leak scandal.

In the upcoming proceedings, the Attorney General for Pakistan is expected to appear as the prosecutor during the Supreme Judicial Council’s deliberations. Justice Naqvi will have the opportunity to challenge the council’s actions in open court. Furthermore, it is important to note that Justice Naqvi will remain entitled to receive pension and other benefits should he choose to resign from his position as a judge.

This development stems from a total of ten complaints that were submitted to the Supreme Judicial Council against Justice Naqvi. The responsibility of providing a legal opinion on these complaints was assigned to Justice Sardar Tariq Masood, who subsequently submitted his findings to the Chairman of the Supreme Judicial Council. Following the receipt of Justice Masood’s opinion, the Council decided to issue the show cause notice.

It is worth mentioning that Justice Masood has also provided legal opinions in the past regarding complaints against other prominent figures in the judiciary, including former chief justices Saqib Nisar, and Umar Atta Bandial; Justice Ijazul Ahsan, and Justice Ayesha Malik.

Reference against NAB chairman dismissed

In a separate matter, the Supreme Judicial Council dismissed references against the former chairman of the National Accountability Bureau (NAB), Justice (retd) Javed Iqbal, as inadmissible. These references were filed in 2019, and at that time, the SJC was not the appropriate forum for inquiries against the chairman of NAB. However, it is worth noting that recent amendments to NAB rules in 2022 have expanded the jurisdiction of the Supreme Judicial Council to review complaints against the chairman of NAB.

In a final note, the council also issued a notice to a complainant who had filed a complaint of misconduct against Justice Sardar Tariq Masood, citing a lack of supporting documents.

 

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