SJC unmoved by Naqvi’s resignation

Council to continue proceedings on complaints filed against former SC judge

ISLAMABAD:

Unmoved by the resignation of former Supreme Court judge Sayyed Mazahar Ali Akbar Naqvi, the Supreme Judicial Council (SJC) has decided to continue misconduct proceedings against him. The council has noted that Naqvi may attend the proceedings either in person or through a representative.

Naqvi handed in his resignation on Wednesday ahead of the SJC’s meeting, citing personal reasons. This development occurred a day after a Supreme Court bench rejected his request to stay the ongoing misconduct proceedings at the SJC.

When the SJC's resumed hearing on the complaints against Naqvi, a council member, Justice Ijazul Ahsan, did not show up. It later transpired that Justice Ahsan, in line to become the next chief justice of Pakistan, had also resigned from his post.

Chief Justice of Pakistan (CJ) Qazi Faez Isa, who leads the SJC, directed Attorney General for Pakistan (AGP) Mansoor Awan to read Justice Naqvi’s resignation during the proceedings.

Read After Justice Naqvi, Justice Ijazul Ahsan resigns as SC judge

He asked, "What does Article 179 of the Constitution say about resignation?" When the AGP read Article 179, the CJ requested him to also read Article 209 in the context of resignation.

Noting Justice Ahsan's absence, CJ Isa stated, “After Justice Ahsan, Justice Mansoor Ali Shah is the most senior judge in the apex court. Let’s inquire about his availability. If Shah is available, the council's proceedings will be advanced,” as he adjourned the council briefly.

The council resumed proceedings after Justice Shah joined as the fifth member. Justice Isa mentioned that Naqvi's resignation came after the issuance of a second show-cause notice in the final stage of the proceedings. He added that there could be two scenarios for the judge's resignation.

“In the first scenario, the complaints against the judge were false, and upon facing pressure, the judge resigned. In the second scenario, the allegations against the judge were true, and the judge did not want to confront them,” he said.

The CJ declared that the question of the judge's removal was irrelevant after his resignation. He mentioned that the council has only sent a report to the president so far, and it would write to the president to sack the judge if the allegations were proven. However, Justice Isa noted that the council will have to present its findings despite the judge’s resignation.

Read President Alvi accepts Justice Naqvi’s resignation

“If a Supreme Court judge resigns by damaging the institution, will it not pose a threat to us? How can we perform surgery on our own damaged institution?”

CJ Isa stated that the Constitution is not for judges and bureaucrats but for the people of Pakistan. He asked, "Can we determine and proceed with further action?"Justice Isa also rejected the claim made by Justice Ahsan in a note on Tuesday that the SJC was in haste to conclude the proceeding against Justice Naqvi.

He said the council was not informed by the former judge's lawyers regarding the judge's resignation. “Our time is an entrustment. Moreover, some members of the bench come to Islamabad from different provinces to attend the meeting.” The council later issued a notice to the former judge as it adjourned till 11:15 am today [Friday].