SJC accepts Naqvi plea for open hearing

ISLAMABAD:

 

The Supreme Judicial Council (SJC) has accepted Justice Sayyed Mazahar Ali Akbar Naqvi’s request for an open hearing on the petitions that accuse him of misconduct. The accountability body has also asked the Supreme Court judge to submit a reply to its second show cause notice by January 1.

On Thursday, the five-member SJC convened in the courtroom 1 of the Supreme Court building instead of judges’ block conference room in view of Justice Naqvi’s application.

In the application submitted earlier in the day, Justice Naqvi had contended that he was granted the right to open hearing under Article 4, 9, 10A, 14 and 25 of the Constitution.

“The right to an open hearing of the proceedings of the SJC was recognized and accepted by a five-member bench of the Supreme Court in the case of Justice Shaukat [Aziz] Siddiqui vs Federation of Pakistan,” he stated, adding that the complaints against him are "politically motivated".

On Thursday, Justice Naqvi also appeared before the council along with his lawyer Khawaja Haris. The SJC later adjourned till January 11 as it ordered the Supreme Court judge to submit a reply to the SJC’s show cause notice by January 1.

On December 12, Justice Naqvi penned an open letter to all apex court judges, accusing CJP Isa, who also chairs the SJC, of "bias." "Under normal circumstances, I wouldn't have written this letter, but for the preservation of the remaining integrity of our shared public office institution," he stated.

The judge said Justice Isa and Justice Sardar Tariq Masood—the latter also an SJC member—on May 3, 2023 asked former CJP Umar Ata Bandial to immediately initiate proceedings against him after the emergence of some leaked telephonic conversations.

A month after coming into office, CJP Isa had summoned an SJC meeting which on October 27 decided to hear the complaints that accused Justice Naqvi of manipulation of benches and financial corruption. The SJC with a majority vote of 3 to 2 issued a show cause notice to the judge.

On November 10, Justice Naqvi submitted his preliminary 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.

After its three-day long proceedings, the SJC on November 22, decided by a majority vote of four to one to issue another detailed show cause notice to Justice Naqvi.

The Supreme Court judge in the meanwhile filed a constitution petition in the Supreme Court requesting it to suspend the SJC proceedings. The SC constituted a three-member bench to hear these petitions. The bench will hear the petitions today (Friday).

In his December 12 letter, Justice Naqvi said the treatment meted out to him by the SJC chairman and members was disgraceful.

“I have written to the SJC via [its] Secretary on a total of eleven instances requesting for the provision of documents necessary to the development and formation of my appropriate defence,” he said, adding that his requests had still not been complied with.

The SC judge said that the two constitution petitions that he had filed against the SJC proceedings had been listed for hearing before a three-member bench after much delay.

 “Without raising any objections on the constitution of the bench myself, allow me to draw your attention to the recent Note [dated 11.12.2023] written by Honourable Justice Ijazul Ahsan and addressed to the Registrar of the Supreme Court.

“The note exposes the manner in which the violations of the Supreme Court (Practice and Procedure) Act 2023 have taken place at the hands of those in authority,” he added.