Justice Naqvi challenges misconduct proceedings

Complaints ‘without lawful authority and of no legal effect’

ISLAMABAD:

Supreme Court judge Sayyed Mazahar Ali Akbar Naqvi has lodged a petition in the apex court, contesting the Supreme Judicial Council (SJC) proceedings.

He has requested the court to nullify the misconduct allegations against him, deeming them 'without lawful authority and of no legal effect.'

The petition, filed under Article 184 of the Constitution, seeks the annulment of the show cause notice issued after an SJC meeting on October 27 and the hearing notice from November 13.

Represented by Mukhdoom Ali Khan, Khawaja Haris, Ali Zafar, Latif Khosa, and Saad Hashmi advocates, the petition lists the federation, the country's president, and the SJC as respondents.

Justice Naqvi contends that a malicious campaign has targeted him since February with 'false and baseless allegations' aired publicly, leading to a media trial. He asserts that these acts directly challenge judicial independence.

“A media trial has been conducted. This malicious campaign and the complaints are direct and blatant attacks on the independence of judiciary,” he states.

Citing the Justice Qazi Faez Isa case ruling, Naqvi argues that the initiated proceedings contradict his fundamental constitutional rights and previous Supreme Court judgments.

He criticizes the SJC for releasing a press statement on October 27 without his consent, violating his rights, subjecting him to media trial, and damaging his public image.

Justice Naqvi further objects to the SJC's November 13 hearing notice, stating it was issued without addressing his legal and constitutional objections raised earlier and without reconstituting the SJC, breaching Article 209 of the Constitution and the SJC Procedure of Enquiry, 2005.

He deems the complaints against him malicious and invalid, asserting that the SJC's actions lack jurisdiction, making the proceedings void ab initio and without legal effect.

Previously, during its October 27 session, the SJC reviewed 29 complaints, dismissing 19 but issuing Naqvi a show cause notice for the remaining 10, alleging financial misconduct. The council, by majority vote, asked for Naqvi's reply within 14 days.

Justice Naqvi submitted his response to the show cause notice on November 10, accusing three SJC members--Chief Justice Qazi Faez Isa, Justice Sardar Tariq Masood, and Balochistan High Court Chief Justice Naeem Akhtar Afghan--of bias and requesting their recusal.

Despite Justice Naqvi's objections, the SJC set a hearing for November 20 to review the complaints against him.

A three-member committee, headed by Chief Justice Qazi Faez Isa and comprising Justice Sardar Tariq Masood and Justice Ijazul Ahsan, will decide whether to refer the case to an open court for hearing.

This committee, established under the Supreme Court (Practice and Procedure) Act, 2023, holds the authority to make this decision.