SJC issues notice to Judge Naqvi over misconduct and asset concerns

ISLAMABAD: The Supreme Judicial Council (SJC) has resolved to serve a show-cause notice to Justice Sayyed Mazahar Ali Akbar Naqvi in response to allegations of purported misconduct and questions surrounding his financial assets.

According to Dawn, in a close 3-2 decision during their meeting on Friday, the SJC has chosen to issue a show-cause notice to Justice Naqvi, requiring him to provide a response within two weeks.

The SJC is a constitutional body responsible for investigating allegations of misconduct against judges in the Supreme and high courts. It consists of the Chief Justice, the two most senior Supreme Court (SC) judges, and the two most senior chief justices from the high courts.

Presently, the SJC members include Chief Justice of Pakistan, Qazi Faez Isa; SC justices Sardar Tariq Masood and Ijazul Ahsan; as well as the top judges from Lahore and Balochistan High Courts, Mohammad Ameer Bhatti and Naeem Akhtar Afghan, respectively.

Notably, Chief Justice Isa, Justice Masood, and CJ Afghan supported the issuance of the notice, while Justice Ahsan and CJ Bhatti requested additional time to consider the complaints.

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Following this decision, Justice Naqvi has been provided with copies of 10 complaints and asked to furnish a reply by November 10.

In an effort to enhance transparency and dispel speculation, the SJC decided to disclose the outcomes of its proceedings, which is a departure from past practices.

The council meeting, the first in over two years, was convened by Chief Justice Isa to address complaints against three SC judges and discuss other matters. The previous SJC meeting occurred on July 12, 2021, during the tenure of Justice Gulzar Ahmed as CJP.

During the meeting, the council considered 29 complaints, with 19 of them being dismissed.

Since Justice Ahsan and Justice Masood faced accusations themselves, they left the meeting when their complaints were under review. Justice Syed Mansoor Ali Shah, the next senior-most judge, stood in for them.

The council dismissed the complaint against Justice Ahsan and cautioned lawyers who had filed “frivolous complaints” against the judge.

Regarding the complaint against Justice Masood, the council found that the necessary evidence was not attached to it. Therefore, the complainant, Amna Malik, was instructed to provide supporting material for her complaint. Ms. Malik has also been summoned to be present in the next meeting when Justice Masood presents his defense.

According to Section 14 of the Supreme Judicial Council Procedure of Enquiry, 2005, if the council determines that the evidence is false or that the complaint was filed to tarnish a judge or scandalise the court, it can take action against the complainant.

Once the merit of the complaint is established, the attorney general for Pakistan or a senior counsel recommended by him, in his absence, will serve as the prosecutor, in accordance with Rule 10 of the Supreme Judicial Council Procedure of Enquiry 2005.

In addition, the council discussed the establishment of a separate secretariat with a full-time secretary and the necessary staff, given its constitutional status. The SC registrar, who also acts as the acting SJC secretary, will prepare a working paper on this matter for submission to the CJP, who may modify or replace the recommendations and circulate them for consideration among SJC members.

The complaints against Justice Naqvi have been lodged by various entities, including Lahore-based lawyer and social media influencer Advocate Mian Dawood, the PML-N Lawyers Forum, Pakistan Bar Council, a citizen named Advocate Ghulam Murtaza Khan, as well as the Sindh Bar Council.