SC moved for removal of Ahsan from SJC

Petitioner says SC judge should not be part of proceedings initiated against Justice Mazahar Naqvi

ISLAMABAD:

A petitioner has approached the apex court seeking removal of senior Supreme Court Justice Ijazul Ahsan from the Supreme Judicial Council (SJC) which is hearing a slew of misconduct petitions filed against another SC judge Sayyed Mazahar Ali Akbar Naqvi.

The petitioner, Mian Dawood, is one of the ten complainants who lodged petitions against Justice Naqvi in February 2023, accusing him of financial corruption and manipulation of benches. The SJC, a constitutional forum that can hold judges of superior judiciary accountable, started misconduct proceedings on the basis of these complaints on October 27.

The SJC hearing complaints against Justice Naqvi comprises three SC judges—Chief Justice of Pakistan Qazi Faez Isa, Justice Sardar Tariq Masood and Justice Ijazul Ahsan—as well as Balochistan High Court Chief Justice Naeem Akhtar Afghan and Lahore High Court Chief Justice Muhammad Ameer Bhatti.

Read Naqvi files second plea against SJC

The SJC issued a show cause notice to Justice Naqvi on October 27 and a detailed show cause notice on November 23. Justice Naqvi later challenged both the SJC proceedings and its show cause notices in the Supreme Court through two separate constitution petitions.

In his petition, Mian Dawood stated that one of the allegations against Justice Naqvi is that he manipulated the listing of a petition with regard to delay in Punjab Assembly polls for hearing before a particular bench that comprised three judges including Justice Ahsan.

He pointed out that Justice Ahsan is one of the two SJC members who opposed issuing the first show cause notice to Justice Naqvi and the only judge who opposed issuing the second detailed show cause notice to the judge facing misconduct allegations.

He stated that the salutary principle of impartiality lies at the very core of the functioning of the justice system and is of paramount importance in ensuring the fairness and integrity of the judicial system. “Impartiality requires judges to approach cases with an open mind, devoid of personal interest, external influences and even perceived conflict of interest.”

Read SJC issues another show cause to Justice Naqvi

He claimed that Justice Ahsan’s participation in the proceedings initiated against Justice Naqvi contributes to and raises concerns vis-à-vis the appearance of impartiality. The petition said the SJC, under the constitutional scheme, is empowered to ensure accountability of judges of the superior judiciary.

“[Therefore] having judges with unblemished financial records with the highest standards of ethics and conduct is sine qua non to the access to justice as such guaranteed under Article 9 of the Constitution.” It said the SJC proceedings must be above and beyond any suspicion or doubt and/or conflict of interest of any of its members.

“Therefore, and in order to ensure the due process, both substantive and procedural, is duly afforded and ensured in terms of Articles 4 and 10A of the Constitution.” The petition requested the apex court to declare Justice Ahsan’s participation in the SJC proceedings against Justice  Naqvi as violative of Articles 9 and 10A of the Constitution.

“It is further prayed that it may be declared that the next most senior judge may replace Honorable Justice Ijazul Ahsan as a member of the SJC for the purpose of deciding the complainant’s complaint against Honorable Justice Sayyed Mazahar Ali Akbar Naqvi,” it said. On Monday, the same petitioner had submitted an application in the SJC seeking recusal of Justice Ahsan.