CJP consults SJC member on complaints against Justice Naqvi

Chief Justice of Pakistan (CJP) Umar Ata Bandial as the chairperson of the Supreme Judicial Council (SJC) sought an opinion from a member on Wednesday, regarding the complaints of misconduct against Supreme Court judge Justice Sayyed Mazahar Ali Akbar on various charges.

Sources confirmed to The Express Tribune that Justice Bandial has sought an opinion from one member of the council over the complaints of misconduct against Justice Naqvi. Different complaints were filed by lawyers and superior bars against the top court judge.

According to Section 7 of the SJC Inquiry of SJC Procedure of Enquiry Rules 2005, “once any information in respect of enquiry into the conduct of a judge is received by any member or the council, it shall be presented to the chairman of the council, who; shall (a) refer the same to any member of the council to look into the said information; and to express his opinion in relation to the sufficiency or otherwise of the information; (b) if the council is satisfied that the information prima facie discloses sufficient material for an enquiry, it shall proceed to consider the same”.

It added that “the member, to whom the chairman has referred the information, will examine the same and ascertain if the information so received discloses specific particulars of misconduct, and provides factual details necessary to form prima facie opinion in respect of the guilt of the judge”.

Thirdly, “if the member forms an opinion that the information does reveal sufficient material to commence enquiry, he shall inform the council accordingly and the information shall be placed before the council.

And lastly, “if the member comes to a conclusion that the information is false, frivolous, concocted or untrue, he shall inform the council accordingly and may recommend action against the person who initiated the information.”

Read Complaint filed at SJC seeks ouster of CJ Bandial, others

Last month, two senior judges of the SC and members of the SJC, Justice Qazi Faiz Isa and Justice Sardar Tariq Masood, wrote a judicial letter to the head and members of the Council to call a meeting to review the allegations of misconduct and financial corruption levelled against Justice Naqvi.

The letter was written to CJP Bandial, Chief Justice of Sindh High Court (SHC) Justice Ahmed Ali M Sheikh and Chief Justice of Lahore High Court (LHC) Justice Muhammad Ameer Bhatti.

The text of the letter stated that written complaints had been received from the Pakistan Bar Council (PBC) and other petitioners against Justice Naqvi, alleging misconduct and financial corruption.

In the letter, it is said that by calling a meeting of the SJC, the allegations levelled against the judge should be reviewed if they were false or true.

The decision to move the top judicial body by the PBC was taken 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.