SJC to hear ex-judge Naqvi’s case on 29th

Chief Justice of Pakistan Qazi Faez Isa has summoned the meeting of the Supreme Judicial Council (SJC) on February 29 to consider the complaints of misconduct against resigned top court judge Mazahar Ali Akbar Naqvi.

It has been learnt that the council's meeting will be held to record the statements of prosecution witnesses in Naqvi’s case.
Perhaps Naqvi will be the first judge, who is facing proceedings of misconduct after his resignation.

Last week, an SC larger bench by a majority of 4 to 1 held that the proceedings, which had already been initiated by the SJC against a judge, shall not abate on his resignation or retirement.

“It is the prerogative of the SJC to proceed with the matter accordingly,” read the order.

However, one section of lawyers is expressing serious concerns over the majority order.

Article 209 of the Constitution clearly states that the SJC can proceed against a judge.

But those lawyers argue that a constitutional amendment is required to extend the jurisdiction of the SJC to proceed against judges who have either retired or resigned.

They are also comparing the order with the decision wherein Article 63-A of the Constitution was being interpreted.

However, several other lawyers believe that in order to restore the people’s trust, it is essential that the SJC should proceed against a judge who retires before the council's final decision in order to secure the benefit of pension.

In view of the judicial order, the proceedings of misconduct against Naqvi will be valid. Earlier, he wrote a letter to the SJC questioning the proceedings of misconduct against him.

It is likely that the SJC will conclude the proceedings in the next couple of hearings as two members -- namely Justice Sardar Tariq Masood and Lahore High Court Chief Justice Muhammad Ameer Bhatti -- are retiring next month. One other member, Justice Naeem Akhtar Afghan, has also been recommended for his appointment as an SC judge by the Judicial Commission of Pakistan on February 23.

Former SC judge Naqvi had expressed his lack of trust in SJC members including CJP Isa.

He himself requested for a public hearing.  He also submitted his response to the show-cause notices issued to him. When the SJC summoned witnesses in the case, Naqvi tendered his resignation.