PBC files complaint against Justice Naqvi in SJC

ISLAMABAD:

The Pakistan Bar Council (PBC), the apex regularity body of lawyers, on Friday filed a complaint of misconduct against Supreme Court’s Justice Sayyed Mazahar Ali Akbar Naqvi in the Supreme Judicial Council (SJC).

The decision to move the top judicial body was taken last month when audio leaks emerged purportedly featuring a conversation about the fixation of the case before a particular bench or judge with former Punjab chief minister Pervaiz Elahi.

Two separate audio clips were leaked on social media last month. In the first audio clip, a man believed to be Elahi could be heard telling “Joja sahab” that the SC judge should be appointed to hear the “Muhammad Khan case”.

The complaint was filed by PBC Vice Chairperson Haroon Rasheed and PBC Executive Committee Chairperson Hasan Raza Pasha.

It maintained that the judges of the Supreme Court, constituting the SJC, devised the code of conduct for judges of the superior courts “in the exercise of their powers under Article 209 (8) of the Constitution of Pakistan. Thus, respect and compliance with such code become the foremost duty of the judges of the Supreme Court”.

It stated, “The judge's task is to ensure that equality should prevail in all things but the performance and conduct of the superior judiciary has become a talk of the town everywhere in Pakistan.”

The petition continued that the superior judiciary was already “under criticism” and the “audio leaks attributed to the respondent may have not pricked the conscience of the respondent judge but the Pakistan Bar Council has taken the matter with great concern for the sake of respect and dignity of the superior judiciary of Pakistan”.

It requested that the SJC to hold an inquiry into the matter and initiate “proper proceedings” on information regarding Justice Naqvi’s “assets worth crores of rupees” which was circulating in the media.

The petition provided grounds for the inquiry, stating that “Article III of the Code of Conduct requires of a judge to be above approach and for this purpose to keep his conduct in all things, official and/or private, free from impropriety is expected of a judge. The conduct exhibited and displayed by the respondent judge in audio leaks is a clear violation of the referred article”.

It stated that the former Punjab chief minister Chaudhry Pervaiz Elahi “in the viral audio, is found to be clearly instructing a learned counsel to get an important case fixed before the respondent judge” which “created and triggered a public perception on a larger scale against the independence, sanctity, and dignity of the superior judiciary, warranting inquiry into the matter”.

According to the petition, Justice Naqvi “attempted to manage and legalise his income through sale of property” in 2021 for Rs60 million, while the property was purchased in Gujranwala for Rs4.7 million.

“The respondent manoeuvred to revise his tax returns of 2021, multiple times, in an attempt to justify his income. This assertion gets fortified by the facts that a plot of Gulberg III, Lahore was declared as of the value of Rs60 million, the value whereof was later pushed up to Rs72 million. This purchase was administered by the respondent upon sale of the above-referred property in Gujranwala”.

The PBC complaint stated that the assets of the judge present a lucid picture of his assets being disproportionate from the source of his lawfully earned income, adding that the property called Allied Plaza (Civil Lines Gujranwala) was never declared by the judge despite its ownership being held by him.

It continued that “the two sons of the respondent hold their law office in Evacuee Trust Property Board (ETPB), Lahore. The course of litigation regarding its rent was initially decided against the said sons by the EPTB chairman. However, the respondent managed the decision later to tilt in favour of his sons, by federal religious affairs secretary (the Appellate Body). Reportedly, the respondent judge promotes legal practice of his two sons namely Syed Ali Irtiza Naqvi and Syed Ali Murtaza Naqvi (advocates) having around five years of legal standing at the bar”.

It added that the fact may be inquired into while examining “the list of innumerable important cases wherein they rendered legal services to many high-profile clients. The general perception in the legal fraternity is that the respondent judge has been using his official influence in patronising his son’s legal practice which is a serious breach of the code of conduct”.

The petition also reiterated that a skeleton of properties, as reported to and gathered by the petitioner, which were held by the respondent were also seemingly disproportionate and beyond Naqvi’s “lawful means of income”.

It concluded that the misconduct of the respondent judge was grounds for initiating proceedings “followed by his removal as judge of the Supreme Court of Pakistan”.