Plots scam: SJC ends proceedings in relation to pleas against former judge

ISLAMABAD: The Supreme Judicial Council (SJC), on Friday, concluded its proceedings on the complaints filed against Sayyed Mazahar Ali Akbar Naqvi, a former judge of the Supreme Court, regarding plots scam.

The SJC, headed by Chief Justice of Pakistan Qazi Faez Isa, who is also chairman of the SJC, and comprises two most senior judges of the Supreme Court – Justice Sardar Tariq Masood, and Justice Syed Mansoor Ali Shah – and Lahore High Court (LHC) Chief Justice Muhammad Ameer Bhatti and Balochistan High Court (BHC) Chief Justice Naeem Afghan heard the complaints.

The Council’s order stated that the proceedings against the former judge were held in the open court upon his request. It further said: “Once again we say if anyone in the court, on his behalf, wants to examine the evidence and the witnesses, he is most welcome, but since no one has come forward, therefore, the evidence is closed.”

The SJC chairman said Naqvi was aware of these proceedings, adding; “If someone does not want to avail an opportunity to defend himself then they cannot force him.”

Additional Attorney General Aamir Rehman informed the SJC that Mazahar Naqvi on February 29 wrote a letter to the Council’s secretary. He only read the operative part of the letter, which states; “I am not attending the Council proceedings, but reserve the right to approach an appropriate forum for redressal of grievances.” The former judge on February 16 had cancelled the power of attorney that he had extended to senior advocate Khawaja Haris to represent him before the Council.

At the end of the proceedings, Justice Faez told the attorney general; “Your job is finished now and ours [have] started.”

Earlier, Supreme Court Employees Cooperative Housing Society President Sher Afgan informed the Council that Mazahar Naqvi has applied for two plots – one for himself and the other for his wife, Syeda Huma Fatima Naqvi. He further said that the society has allotted one plot, of one kanal, to Mazahar Naqvi on 07-10-21.

Malik Zahid Rafiq, the owner of Lahore Smart City and Capital Smart City (Private) Limited, submitted the record of bank transactions.

A total of 13 prosecution witnesses, including Abdul Ghafar, deputy military state officer, Lahore, Kashif Shehzad, executive officer Lahore Cantonment Board, Asif Aziz, director of a private evaluation company, Muhammad Kashif Rehman, director of another private evaluation company, Jehangir Khan Khattak, regional director NADRA, Lahore, Jazeela Aslam, secretary SJC, Chaudhry Muhammad Shahbaz, who sold plot to Justice Naqvi, Mohammad Safdar Khan, who purchased House No114-E, Gulberg, Lahore, from the ex-SC judge, two officials of the Evacuee Trust Property Board regarding two shops in Diyal Singh Mansion, Manager Askari Bank, Cantt branch, Lahore, Malik Zahid Rafiq, owner of Lahore Smart City and Capital Smart City Private Limited, and President of Supreme Court Employees Cooperative Housing Society Sher Afgan appeared before the Council and recorded their statements and provided the relevant documents.

The Council on January 11, 2024, after Mazahar Naqvi’s resignation issued him an “intimation notice” for appearance before it in his personal capacity or through a counsel. It had warned the former judge that if on the next date he or anyone on his behalf would not appear then the Council would proceed with the matter and record the statements of witnesses.

Justice Naqvi tendered his resignation on January 10, in which he wrote; “In the circumstances which are a matter of public knowledge and to some extent public record, it is no longer possible for me to continue to serve as a judge of the Supreme Court of Pakistan, therefore resign as judge of the Supreme Court of Pakistan.”

The Council on February 15 decided that they would only record the witnesses’ statements, but the final outcome of its proceedings would be after the Supreme Court’s verdict on the Federation’s appeal whether the SJC can proceed against a judge who has resigned or retired.

A five-member bench of the Supreme Court, headed by Justice Aminud Din Khan, on February 21, by a majority of 4 to 1 held that if the SJC initiates proceedings against a judge then it shall not abate with his resignation or retirement, and it is the prerogative of the Council to continue with the matter accordingly.

Copyright Business Recorder, 2024