ISLAMABAD: The Supreme Judicial Council (SJC) as per Procedure of Enquiry Rules, 2005 initiated basic process on the complaints filed against Justice Sayyed Mazahar Ali Akbar Naqvi, a Supreme Court judge.
The SC Registrar Ishrat Ali, who is also the Secretary of SJC, asked advocate Mian Dawood and other complainants to file affidavit in support of their allegations levelled in the complaints under Section 5(3) of the Supreme Judicial Council Procedure of Enquiry Rules, 2005.
Section 5 (3) of SJC 2005 says; “The person providing the said information shall identify himself properly.” The SJC also sought a certified copy of the resolution from the Pakistan Bar Council (PBC). The other complainants were asked to file the attested copies of the alleged documents.
PBC files complaint against Justice Naqvi with SJC
Four complaints have been filed against the incumbent judge of the Supreme Court for amassing illegitimate assets and misconduct.
Mian Dawood, a Lahore-based lawyer, on February 23 had filed a complaint against Justice Naqvi for allegedly violating the code of conduct for judges of the Supreme Court issued under Clause (8) of Article 209 of the Constitution and accused the judge of “misconduct” and “amassing illegitimate assets”.
Pakistan Muslim League (Nawaz) Lawyers Forum, Punjab, on March 4 urged the SJC to initiate proceeding/ inquiry/ investigation against Justice Mazahar Ali Akbar Naqvi for committing misconduct in view of certain viral audio clips released on the social media.
PBC Vice Chairperson Haroon Rasheed and Council’s Chairperson Executive Committee Hasan Raza Pasha, on March 10 also filed the complaint on behalf of the apex regulatory body of the lawyers, requesting the SJC hold an inquiry into alleged conversation of former chief minister Pervaiz Elahi about fixation of case before a particular bench or judge (Justice Naqvi). It has asked the SJC to initiate “proper proceedings” on information regarding Justice Naqvi’s “assets worth crores of rupees” which was circulating in the media.
Advocate Ghulam Murtaza Khan on March 22 filed a complaint with the SJC by submitting that Justice Naqvi’s conduct was unbecoming of a judge and he was guilty of misconduct within the meaning of Sub-Clause (b) of Clause (5) of Article 209 of the Constitution, read with Rule 3(l) (i) of the SJC Procedure of Enquiry 2005.
According to Section 7 of the SJC Inquiry of SJC Procedure of Enquiry Rules 2005, “once any information in respect of enquiry into the conduct of a judge is received by any member or the council, it shall be presented to the chairman of the council, who; shall (a) refer the same to any member of the council to look into the said information; and to express his opinion in relation to sufficiency or otherwise of the information; (b) if the council is satisfied that the information prima facie discloses sufficient material for an enquiry, it shall proceed to consider the same”.
It added: (2) The member, to whom the chairman has referred the information, will examine the same and ascertain if the information so received discloses specific particulars of misconduct, and provides factual details necessary to form prima facie opinion in respect of the guilt of the judge.
(3) If the member forms an opinion that the information does reveal sufficient material to commence enquiry, he shall inform the council accordingly and the information shall be placed before the council.
(4) If the member comes to a conclusion that the information is false, frivolous, concocted or untrue, he shall inform the council accordingly and may recommend action against the person who initiated the information.
Copyright Business Recorder, 2023