ISLAMABAD: The Supreme Judicial Council on Thursday gave Justice (retd) Sayyed Mazahar Ali Akbar Naqvi — who faces complaints of misconduct — another chance to present his case before the council.
The development came a day after Justice Naqvi resigned due to “circumstances which are a matter of public knowledge and to some extent public record”.
The SJC served an intimation notice on Justice Naqvi, whose resignation was accepted by President Dr. Arif Alvi earlier today, asking him to appear before the council on Friday (tomorrow) if he wants to present his viewpoint against the complaints registered against him.
During the course of proceedings, SJC Chairman Justice Qazi Faez Isa remarked that there could be two causes behind the judge’s resignation: the complaint against the judge was false, and he resigned under pressure, or the accusations were true, and he did not want to face them.
He said that the question of the judge’s dismissal is now irrelevant. The council had just sent a report to the president.
He added that if the allegations had been proven, then the SJC would have requested the president for the judge’s dismissal. All institutions, including the Supreme Court, were accountable to the people. If everyone learns this thing, all the problems will be solved, he remarked.
Meanwhile, the SJC, stating that Justice Naqvi’s lawyers would be heard if they requested, adjourned the proceedings till 11:00 am Friday.
The ex-judge submitted his resignation hours after a three-member bench of the Supreme Court rejected Justice (retd) Naqvi’s plea seeking halting of the SJC’s proceedings.
Case Against Former Judge Mazahar Ali Naqvi
Several complaints of misconduct were lodged against Justice (retd) Naqvi with the SJC by lawyers as well as the Pakistan Bar Council seeking his removal, especially after his name surfaced in connection with an alleged audio leak.
It is to be mentioned that the apex court judge’s name also surfaced in connection with the recent audio leaks purportedly involving him, ex-Punjab chief minister Parvez Elahi, and others.
Taking notice of the allegations, the SJC, on 27 October 2023, issued a show-cause notice to Justice Naqvi.
In his response, the SC judge raised issues with the inquiry and called for CJP Qazi Faez Isa and two other judges to recuse themselves from the matter.
On 20 November, he contested the SJC proceedings and also challenged the show-cause notice issued to him by the body, saying the initiation of proceedings was coram non-judice and without lawful authority.
Subsequently, on 22 November, a second show cause notice was served by the SJC, demanding a detailed response from the SC judge regarding the accusations raised by multiple petitioners.
Justice Naqvi, then, on 4 January, filed a petition in the Supreme Court under Article 184(3) of the Constitution, terming the misconduct complaints lodged against him a direct and blatant attack on the independence of the judiciary — but it was dismissed.
