ISLAMABAD: Chief Justice of Pakistan Qazi Faez Isa on Tuesday summoned the Supreme Judicial Council (SJC) meeting on November 20 to consider the reply of Justice Sayyed Muhammad Mazahar Ali Akbar Naqvi to the show cause notice issued to him.
The SJC, by a majority of three to two, on October 28, 2023 issued show-cause notices, together with copies of the complaints to Justice Naqvi and sought his reply within 14 days of the receipt.
The SJC members in minority stated that they needed more time to consider the complaints against him.
Preliminary objections: Justice Naqvi seeks recusal of three SJC members
Ten complaints have been filed against Justice Naqvi, which include the complaints of Mian Dawood, a Lahore-based lawyer, Pakistan Muslim League-Nawaz (PML-N) Lawyers Forum, Punjab, PBC Vice Chairperson Haroon Rasheed and Council’s Chairperson Executive Committee Hasan Raza Pasha and Advocate Ghulam Murtaza Khan, for amassing illegitimate assets and misconduct.
The Council is headed by CJP, who is also Chairman of the SJC, and comprises two most senior judges of the Supreme Court Justice Sardar Tariq Masood and Justice Ijazul Ahsan, Lahore High Court Chief Justice Muhammad Ameer Bhatti and Balochistan High Court Chief Justice Naeem Afghan.
Justice Naqvi, in 18-page reply, sought recusal of three members of the SJC, set to hear misconduct complaints against him.
He raised objections on the participation of three judicial members, namely, CJP Faez, Justice Sardar Tariq and Justice Naeem Afghan, and sought their recusal based on “bias” and other grounds.
He stated that the three senior judges ought not to hear the complaints against him in the interest of propriety, justice, and fairness.
“The proceedings against me have been conducted in a manner which is ex facie discriminatory and these; therefore, violate Article 25 of the Constitution,” he wrote in reply. He wrote that the preliminary objections are not a reply to the show-cause notice dated October 28, 2023, either on issues of jurisdiction or of maintainability.
It is also not a response on merits. In its last meeting, the Council considered 29 complaints, out of them 19 were dismissed. It was decided to inform the judges who were complained against, and the legal heirs of those who had passed away.
The Council noted that frivolous complaints were filed by some lawyers whom the Council decided to caution. One complaint was filed by Amna Malik against Justice Sardar Tariq Masood, who is a member of the Council.
Accordingly, the Council was reconstituted by requesting Justice Syed Mansoor Ali Shah, the next judge in seniority in the Supreme Court, to take his seat on the Council on the recusal of Justice Tariq.
The Council noted as the requisite material was not attached with it; therefore, the Council directed Amna Malik to produce material in support of her complaint, and upon its receipt the secretary to provide it to Justice Tariq, who may respond thereto.
The Council also summoned Amna Malik to be present in the next meeting of the Council, when Justice Tariq may also be present to give his point of view.
Copyright Business Recorder, 2023
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