Justice Ahsan baffled at SJC’s ‘haste’

Supreme Court senior judge Ijazul Ahsan has raised concerns about the manner in which the Supreme Judicial Council (SJC) is conducting proceedings on complaints filed against another SC judge Sayyed Mazahar Ali Akbar Naqvi. Justice Ahsan, who is also a part of the five-member SJC, has called for the withdrawal of the show cause notice issued to Justice Naqvi on November 22.

The judge on Tuesday issued his 4-page opinion highlighting the reasons why he disagreed with the majority verdict to issue show cause notices to Naqvi. "Before I set out my reasons, I wish to say something about the manner in which these [SJC] proceedings are being conducted. Unfortunately, in my opinion, proceedings are being conducted in undue haste contrary to established norms," he said.

According to the judge, the council, entrusted as it is with enormous constitutional responsibilities under Article 209 of the Constitution, is a body that must act with deliberate care and after full, frank and detailed discussion. “This is especially so where there is no unanimity and some members (or even one member) are inclined to disagree with [the] majority. This approach has been entirely lacking in the present proceedings. Debate and discussion has been non-existent and has not been permitted."

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Justice Ahsan said the SJC proceedings on November 22, 2023, when it issued the second notice to Justice Naqvi, were completely devoid of any discussion or deliberation whatsoever. This manner of proceedings, he said, has cast an unwelcome doubt over the whole process. “I, therefore, disagree with the process followed and the manner in which the proceedings are being conducted," he added.

Justice Ahsan described the allegation levelled against Justice Naqvi as being utterly without merit or substance, both in law and even on a prima facie appraisal of the facts. He said most of the allegations relate to various properties and alleged transactions in relation to the same and pointed the finger at Justice Naqvi’s sons.

"The sons are lawyers in practice and are persons of independent means. They are effectively being condemned unheard. This, and the allegations themselves, are directly contrary to the findings recorded in the Justice Qazi Faez Isa and others v President of Pakistan and others case.”

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He said reference may be made to the "obligation of a Judge as to the knowledge of financial matters of his or her financially independent family members". "The same is true for allegation No 10, which again implicates the sons of the respondent judge [Naqvi]. As a matter of law, these allegations are unsustainable and cannot be leveled against the judge.’

He noted that allegation No 1 is that the respondent judge is “approachable”, adding that it is a highly noxious claim based entirely on some leaked audio conversations or judicial orders. “The law in respect of both is well settled. No judicial order can be the basis for proceedings under Article 209. This is settled beyond doubt,” he added.

Referring to the SJC’s October 27 proceedings when the council issued its first show cause to Justice Naqvi, he said on that day around twenty complaints were dismissed as they were about judicial orders of various judges. He said the law is equally well settled as regards the use of audio or video clips in any proceedings.

“The making of this allegation, and its inclusion in the show cause notice, [is] in clear violation of settled law. The instant show cause notice [should] never have been issued. It should be recalled forthwith," he said.