SJC issues another show cause to Justice Naqvi

Four SJC members voted to issue show-cause against Justice Naqvi; Justice Ahsan dissented from majority order

ISLAMABAD:

The Supreme Judicial Council (SJC) on Wednesday decided by a majority vote of four to one to issue another detailed show cause notice to a Supreme Court judge, Sayyed Mazahar Ali Akbar Naqvi, who is facing allegations of financial misconduct. At its meeting on a third consecutive day, the five-member council led by Chief Justice of Pakistan (CJP) Qazi Faez Isa heard the rest of the complaints filed against the apex court judge.

The council, which is empowered by the Constitution to hold judges of superior court accountable, later decided to issue Justice Naqvi another detailed show cause. According to sources privy to the proceedings, four SJC members--CJP Isa, Justice Sardar Tariq Masood, Balochistan High Court (BHC) Chief Justice Naeem Akhtar Afghan and Lahore High Court (LHC) Chief Justice Muhammad Ameer Bhatti—voted in favor of issuing Justice Naqvi the show cause.

Justice Ijazul Ahsan, who is in line to become the next chief justice, dissented from the majority order. The council directed Justice Naqvi to submit a written reply to the show cause in 14 days. During its October 27 session, the SJC had reviewed 29 complaints filed against different judges. It had dismissed 19 of them but issued Justice Naqvi a show cause notice for the remaining 10 that accused him of financial misconduct. The council had, by a majority vote, asked for Naqvi's reply within 14 days.

Read more: Justice Naqvi seeks CJP’s recusal from SJC

On November 10, Justice Naqvi submitted his response to the show cause notice. In his response, he accused three SJC members—Justice Isa, Justice Masood, and Justice Afghan—of bias and requested 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 allegation" aired publicly, leading to a media trial. He asserted that these acts directly challenge judicial independence.

Also read: SJC hears complainants’ version in Naqvi case

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.