SJC hears complainants’ version in Naqvi case

Asks plaintiffs not to share proceedings detail on social media

ISLAMABAD:

The Supreme Judicial Council (SJC) on Tuesday heard all the complainants, who have accused Supreme Court judge Sayyed Mazahar Ali Akbar Naqvi of financial misconduct as it resumed its proceedings for the second consecutive day.

Justice Naqvi appeared in the council meeting in person along with his lawyer, Khawaja Haris.
According to sources, the SJC chairman, Justice Qazi Faez Isa, conveyed to Khawaja Haris at the outset of the meeting that the council would only hear the complainants and he and his client—Justice Naqvi—would witness the proceedings as observers.

The council later heard the complainants including Pakistan Bar Council (PBC) Chairman Executive Committee Hasan Raza Pasha, Mian Daud and others.

These complainants presented evidence and relevant documents to substantiate their claims. The council also reviewed Justice Naqvi's objections to the SJC proceedings.

By the end of the hearing, Justice Isa asked the complainants not to share details of the proceedings on social media at the request of Khawaja Haris. Some senior lawyers, however, believe that Justice Naqvi should request the SJC to make the SJC proceeding public.

The five-member council will resume the proceedings today (Wednesday).

According to some experts, it will be interesting to see whether the SJC accepts Justice Naqvi's objections or whether it issues the judge another showcause notice on the basis of the evidence presented on Tuesday.

During its October 27 session, the SJC reviewed 29 complaints filed against different judges. It had dismissed 19 of them but issued Naqvi a show cause notice for the remaining 10 that accused him of financial misconduct. The council, by a 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--Justice Isa, Justice Sardar Tariq Masood, and Balochistan High Court (BHC) 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.

On the day of the SJC meeting, on Monday, Justice Naqvi lodged a petition in the apex court, contesting the council proceedings. He 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, sought the annulment of the show cause notice issued after the 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 listed the federation, the country's president, and the SJC as respondents.
Justice Naqvi contended that a malicious campaign had targeted him since February with “false and baseless allegations" aired publicly, leading to a media trial. He asserted that these acts directly challenge judicial independence.

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

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

Justice Naqvi further objected 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 deemed 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.

This SJC, established under the Supreme Court (Practice and Procedure) Act, 2023, holds the authority to make this decision. It comprises CJP Qazi Faez Isa, Justice Sardar Tariq Masood, Justice Ijazul Ahsan, BHC Chief Justice Naeem Akhtar Afghan and Lahore High Court Chief Justice Muhammad Ameer Bhatti.