‘Misconduct’: SJC serves show-cause notice to SC judge

F.P. Report
ISLAMABAD: The Supreme Judicial Council has issued a show cause notice to Justice Mazahar Ali Akbar Naqvi and directed him to file a written reply by November 10 to respond to the audio leak scandal. A meeting of the Supreme Judicial Council was held on Friday under the chairmanship of Chief Justice of Pakistan, Justice Qazi Faez Isa, in which the matter of complaints against Supreme Court judge Justice Naqvi for his alleged involvement in the audio leak scandal was discussed.
On March 10, the Pakistan Bar Council (PBC) filed a reference against Supreme Court Judge, Justice Naqvi in the Supreme Judicial Council for “misconduct” after his name surfaced in connection with the recent audio leaks purportedly involving him, former Punjab chief minister Chaudhry Pervaiz Elahi and others. Justice Sardar Tariq Masood and Justice Ijazul Ahsan also attended the SJC meeting along with Lahore High Court Chief Justice Ameer Bhatti and Balochistan High Court Chief Justice, Justice Naeem Akhtar Awan. Supreme Court Registrar Jazeela Aslam and Attorney General for Pakistan Mansoor Usman Awan were also in attendance.
The huddle also considered a complaint of misconduct against former National Accountability Bureau (NAB) chairman Justice (retd) Javed Iqbal. It may be mentioned here that complaints had also been filed against Supreme Court judges including Justice Mazahar Naqvi. Retired CJP Umar Ata Bandial had referred the complaints against Justice Naqvi to senior judge Justice Sardar Tariq for scrutiny. Justice Sardar Tariq had forwarded his legal advice on the complaints against Justice Naqvi on September 25.
As many as 10 complaints had been filed in SJC against Justice Naqvi during the current year seeking inquiry into his alleged “misconduct and financial impropriety”. On February 23, a reference was filed against Justice Naqvi in the SJC on behalf of Mian Dawood Advocate. In the referral, the SJC was prayed to investigate the assets of the Supreme Court judge and his family members. The reference alleged that the judge used his “influence to facilitate” his sons and a daughter studying abroad and to get “financial gains” from Zahid Rafique, a businessman.
On March 4, the Pakistan Muslim League Nawaz Lawyers Forum filed a complaint against him in the SJC after his name surfaced in connection with an alleged audio leak. The reference, filed under Article 209 of the Constitution, stated that the oath of a superior court judge as prescribed by the Constitution required strict adherence to a code of conduct, any departure from which “may invite misconduct proceeding.”
On March 10, Pakistan Bar Council Vice Chairman Haroon-ur-Rasheed and Executive Committee Chairman Hasan Raza Pasha filed a complaint against Justice Naqvi under Article 209 of the Constitution, praying the SJC to investigate the complaint after his name appeared in connection with the recent audio leaks purportedly involving him and former Punjab chief minister Elahi.
On April 4, the Khyber Pakhtunkhwa Bar Council filed a reference against Justice Naqvi seeking a probe into a purported audio leak featuring him. On April 3, 2023, two senior SC judges and members of the Supreme Judicial Council (SJC) including now Chief Justice Qazi Faez Isa and Justice Sardar Tariq Masood wrote a judicial letter to the head and members of the SJC to call a meeting to review the allegations of misconduct and financial corruption levelled against Justice Mazahar Ali Akbar Naqvi.
In the letter, it was said that by calling a meeting of the SJC, the allegations levelled against the judge should be reviewed if they were false or true. The Pakistan Bar Council sent a complaint against Justice Naqvi. “Article 209 of the Constitution of the Islamic Republic of Pakistan establishes the Supreme Judicial Council of Pakistan (‘the Constitution and ‘the Council respectively) and it is the duty of the Council to inquire into the capacity and misconduct of a judge.”
The two judges said that a meeting should be called to determine whether the allegations against Justice Naqvi were true or false, if the allegations were false, the honour of the judge should be restored, if the allegations were true, action should be taken according to the Constitution.