ISLAMABAD: The Supreme Court has been urged to declare the initiation of proceedings by the Supreme Judicial Council (SJC) as coram non judice, without lawful authority and of no legal effect and quash the same.
Justice Sayyed Mazahar Ali Akbar Naqvi on Thursday filed another petition under Article 184 (3) of the constitution through five senior lawyers, Sardar Muhammad Latif Khosa, Khawaja Haris Ahmed, Makhdoom Ali Khan, Syed Ali Zafar, and Saad Mumtaz Hashmi. He has cited the Federation through the secretary Ministry of Law and Justice, the president of Pakistan, and the secretary SJC as respondents.
He prayed to declare that the purported revised show-cause notice dated 24-11-23 is without lawful authority and of no legal effect and quash the same.
Justice Naqvi stated that the so-called complaints filed against him before the SJC are politically motivated, as these were filed simply because he, in the performance of his solemn duty to protect and safeguard the constitution, highlighted the constitutional violation in delaying of general election to the Punjab Assembly.
Justice Naqvi informed that on 20-11-23, he had filed a constitution petition under Article 184(3) challenging the initiation of the proceedings by the SJC and the show-cause notice to him. The contents of that petition may kindly be read as an integral part of this petition. He stated that till date, the petition has neither been numbered nor has it been fixed before a bench of the Supreme Court.
Justice Naqvi mentioned that during the SJC proceedings dated 20-11-23, wherein, he was called, and after examining the original file, maintained by the SJC, it came to his knowledge that the notices were issued by the Council’s secretary to the deputy commissioner, Gujranwala and Lahore and DG FGEHA Islamabad for summoning complete record in respect of his alleged properties without the approval of the SJC.
He stated that the complainants were heard by the SJC on 21-11-23 in his and his counsel’s presence. The complainants reiterated the allegations but failed to produce any evidence in support thereof. The next day, i.e., 22-11-23, he came to know through media that the SJC by a majority of 4:1 had decided to issue a revised show-cause notice to him.
Justice Naqvi maintained that the proceedings were initiated against him and the show-cause notice issued without first determining the veracity of the so-called complaints and/ or bona fide of the complainants. The show cause was issued without any discussion and inquiry into the so-called complaints as required by Clause 8 of the Rules.
The issuance of the revised show-cause is an admission that the earlier show-cause was neither valid nor proper. It did not specify the allegation that was required to be answered.
The petition further states that when the proceedings of the SJC are challenged before the Supreme Court, the Council has not proceeded with the matter further till the matter is decided by the Supreme Court. This procedure was followed in the case of Justice Shaukat Aziz Siddiqui and Justice Qazi Faez Isa.
Justice Naqvi contended that the inquiry report of Justice Sardar Tariq Masood and the minutes of the meeting of the Judicial Commission of Pakistan have not been provided to him till date. Although he was allowed to examine the opinion of Sardar Tariq during the SJC meeting on 21-11-23, however, a copy of it has not been provided despite repeated requests.
Justice Naqvi stated that the SJC proceedings against him were conducted in a manner which is ex facie discriminatory and therefore inter alia, violates Articles 4, 10A, 14 and 25 of the constitution.
Any delay in fixing for hearing my constitution petition and applications for interim relief will seriously prejudice me and further, if any order is passed on the basis of proceedings, it may frustrate my submission agitated in the petitions.
He requested that the constitution petitions and applications for interim relief filed by me, may please be fixed before a bench of the Supreme Court except those judges who may recuse themselves in view of the principles of “nemo judex in causa sua”.
Copyright Business Recorder, 2023