SJC issues show-cause notice to Justice Naqvi

SC judge directed to submit response by Nov 10 after a 3-2 decision

ISLAMABAD:

The Supreme Judicial Council (SJC) has issued a show-cause notice to Justice Sayyed Mazahar Ali Akbar Naqvi against the complaints registered against him.

The SJC — the only forum that can inquire into the conduct of judges of the superior judiciary — by a 3-2 majority ruling directed the jurist to submit a reply within two weeks in connection with 10 complaints lodged against him.

The council also issued a notice to the complainant who filed a complaint of misconduct against Justice Sardar Tariq Masood on account of a lack of documents.

According to a statement issued on Friday by the Supreme Court, the SJC comprising Chief Justice of Pakistan Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Lahore High Court Chief Justice Muhammad Ameer Bhatti and Balochistan High Court Chief Justice Naeem Akhtar met to consider 29 complaints submitted to the council.

The meeting, held after a gap of a couple of years, dismissed 19 out of all the complaints received.

For the remaining ones, it was determined to notify the judges implicated in the complaints as well as the legal heirs of those who had passed away.

“The council noted that frivolous complaints were filed by some lawyers who the council decided to caution,” the statement added.

“Ten complaints were filed against Justice Sayyed Mazahar Ali Akbar Naqvi. The council, by majority of three to two, decided to issue him show-cause notices, together with copies of the complaints, and to seek his reply within 14 days of the receipt thereof, whereas the members in minority stated that they needed more time to consider the complaints against him,” it read.

According to insiders, the show-cause notice was supported by a majority of three members of the SJC, while two members expressed reservations against it.

The development comes as the legal community and various lawyers' organisations have demanded accountability and even the resignation of Justice Naqvi due to his alleged involvement in the audio leak scandal.

Also read: Misconduct complaint filed against Justice Mazahar Naqvi in SJC

In the upcoming proceedings, the attorney general for Pakistan is expected to appear as the prosecutor during the SCJ’s deliberations.

Justice Naqvi will have the opportunity to challenge the council's actions in open court.

Further, 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.

Justice Naqvi, who is facing allegations of possessing assets beyond means, was earlier directed by parliament's Public Accounts Committee (PAC) to provide details of his assets.

The PAC, responsible for overseeing public spending, was handling Justice Naqvi's case, which already had four pending references against him before the SJC.

These references accused him of misconduct, misuse of authority, and acquiring assets from unknown sources of income.

One of the complaints also mentioned various audio clips, including the one allegedly featuring a conversation between the judge and former Punjab chief minister Chaudhry Parvez Elahi.

Earlier, the responsibility of providing a legal opinion on these complaints was assigned to Justice Masood, who subsequently submitted his findings to the SJC chairman.

Following the receipt of Justice Masood's opinion, the council decided to issue the show-cause notice.

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.

Other complaints

The SJC statement also said that a complaint has been filed against a Supreme Court judge who is also a sitting member of the council.

Accordingly, the council has undergone reconstitution, with Justice Syed Mansoor Ali Shah, the next judge in seniority in the apex court, to take Justice Ijazul Ahsan’s seat on the council after his recusal.

This complaint was dismissed.

Also read: SJC receives senior judge’s opinion on Justice Naqvi

Another complaint was lodged by Amna Malik against Justice Masood, who requested that since she had made the complaint public, the council should take it up and determine its veracity.

Consequently, to address this, the council was reconstituted, and Justice Mansoor was asked to take Justice Masood’s place in the council.

The statement further explained that the council “considered the complaint” but noted that the necessary supporting material was not provided. Consequently, the council instructed Amna to furnish the required material to substantiate her complaint. Once received, the secretary will then share this material with Justice Masood for his response.

Moreover, Amna has been summoned to appear in the upcoming council meeting, during which Justice Masood will also be present to present his perspective.

Considering the distinct constitutional status of the council, a deliberation arose about establishing a dedicated secretariat with a full-time secretary and necessary staff.

It was ultimately decided that the Supreme Court registrar, currently serving as the council’s secretary, would prepare a working paper on this matter.

The paper would be submitted to the chief justice of Pakistan, who may make revisions or propose an alternative, and subsequently, it would be circulated for the consideration of other council members.