Parliamentary panel approves Justice Naqvi elevation

Justice Qazi Faez Isa and Justice (retd) Dost Muhammad Khan had opposed his nomination

ISLAMABAD: The Parliamentary Committee on Judges Appointment on Thursday unanimously approved the nomination of Lahore High Court (LHC) Justice Sayyed Mazahar Ali Akbar Naqvi for elevation to the Supreme Court (SC).

Earlier, the Judicial Commission of Pakistan (JCP) had recommended the elevation with a majority of seven to two judges.

Two JCP members – Justice Qazi Faez Isa and (retd) Justice Dost Muhammad Khan – had opposed Justice Naqvi’s nomination. But seven members of the commission had strongly supported his elevation.

Justice Isa in his dissent note had endorsed parliamentary committee’s earlier concern over low elevation rate of judges to SC from smaller provinces and Islamabad Capital Territory (ICT).

He observed that the current provincial representation of the judges of the apex court included seven judges from Punjab, six from Sindh, two from Khyber Pakhtunkhwa (K-P), one from Balochistan and none from the ICT.

The last judge appointed to the apex court from Balochistan was five-and-a-half years ago and from Sindh and K-P around two years ago.

The top court judge in his note stated that constitution does not mandate appointments by province/territory, however, misgivings generated when all other provinces and the ICT were ignored for no discernible reason and chief justices and senior judges were bypassed.

He said disregarding senior judges was tantamount to expressing no- confidence in them which also undermined their commitment to their institution.

Meanwhile, minutes of JCP meeting revealed that the apex court judge had also objected over the “letter of consent” by the members who were absent from the meeting.

“His lordship (Justice Isa) stated that in USA selection of judges is made in front of cameras, public and is open to questions and answers. His lordship stressed that the meetings of this commission whose work is consultative in nature, there should be an opportunity where one could either convince others or be convinced”, minutes of meeting said.

However, Chief Justice Gulzar Ahmed, who is also the chairman of the JCP said that the letter of consent was considered in precedence as the practice had been followed in earlier meetings too and was not objected by the judge at the time.

Justice Isa also took up the issue of not sharing the reference files against the nominated judge.

The JCP chairman responded by saying that decision about not sharing files of reference was taken by the council after due consideration of facts and law.

He also stated that being chairman of council, he could confirm that no reference was pending against the nominated judge.

Justice Isa had also opposed a few verdicts especially the judgment wherein the Musharraf treason trial was declared unconstitutional by Justice Syed Mazahar Ali Akbar Naqvi.

In January, the LHC on a petition filed by former military ruler challenging his conviction by a special court for high treason had ruled that the concept of trial in absentia was not only inconsistent with the doctrine of Islamic justice but was also against the golden principles of natural justice.

The detailed judgment was authored by Justice Syed Mazahar Ali Akbar Naqvi.

Justice Isa also stated that “a number of illustrious brethren who are judges of the Supreme Court and have worked with him at the Lahore High Court have expressed negative views about him”.

However, minutes of JCP meeting revealed that Justice Umar Ata Bandial had supported the nomination of Justice Naqvi saying that he had worked with him [Justice Naqvi] in LHC and found him [Justice Naqvi] “sharp, competent and a brilliant judge having balanced views in criminal cases”.

Justice Bandial also disagreed with Justice Isa’s contention about the availability of income tax returns and assets declaration and explained that there was no such proforma for the appointment of SC judge.

The minutes further revealed that Justice Mushir Alam and Justice Maqbool Baqar had endorsed Justice’s Naqvi elevation.

Currently, Justice Naqvi is the third senior most LHC judge and is known for his expertise in criminal law. He will work as the Supreme Court judge until August 31, 2025.

Justice Naqvi has authored more than 37,000 judgments during his 10-year tenure.

It is also learnt that opposition lawmakers did not raise any objection over the nomination.

A senior PML-N leader, while talking to The Express Tribune, said they had supported Justice Naqvi’s elevation to the apex court as they were not in favour of his appointment as LHC chief justice scheduled for next year.