ISLAMABAD: The Supreme Judicial Council (SJC) stated that the number of instances of misconduct committed by Sayyed Mazahar Ali Akbar Naqvi, a former judge of the Supreme Court, has damaged the reputation of the judiciary.
The SJC, headed by Chief Justice of Pakistan Qazi Faez Isa, who is also chairman of the SJC, and comprises two senior-most 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, on Friday, released its order on the complaints against the ex-judge.
The Council recommendations authored by Justice Faez, stated that Justice Naqvi was guilty of misconduct and should have been removed from the office of judge. “The number of instances of misconduct committed by Justice Naqvi has damaged the reputation of the judiciary.”
SJC finds ex-SC judge Naqvi guilty of misconduct
The Council opined; “When the SJC commenced hearing of the complaints, and throughout, we referred to Sayyed Mazahar Ali Akbar Naqvi as Justice Naqvi, however, as he should have been removed, for having committed serious misconduct, the honorific Justice or Judge should not henceforth be used with Sayyed Mazahar Ali Akbar Naqvi’s name.”
The order said Justice Naqvi did not disclose the covered area of the house (100 Saint John’s Park) which was constructed, and the amount spent on it. He also did not disclose from where he got the money to raise the substantial construction, and did not come forward to testify. Therefore, the said allegation stands established.
It noted that Justice Naqvi was administered oath on March 16, 2020, by Chief Justice Gulzar Ahmed and within a period of less than two years he got four properties (three in Islamabad and one in Rawalpindi), respectively on August 7, 2020, October 7, 2021, September 12, 2022, and October 5, 2022, while serving as a judge of the Supreme Court. The organidation (Supreme Court Employees Cooperative Housing Society Ltd) from which he got the four properties was set up for providing housing to its members.
Justice Naqvi did not explain why he obtained four properties; surely he could not reside in all of them. A judge of the Supreme Court should not want to deprive others, which would be the result of Justice Naqvi’s actions.
“There were 10 allegations framed by the Council. However, found that the allegations Nos 2, 3, 4, 5, and 6 stand established. We are constrained to conclude that Justice Naqvi violated his oath of office which required him to abide by the Code of Conduct by violating a number of the provisions of the Code.”
It noted that Justice Naqvi’s conduct was also not free from impropriety expected of a judge in his official and private affairs, and as such he also violated Article III of the Code of Conduct. He was involved to his personal advantage in the suit filed by Chaudhry Muhammad Shahbaz and had knowingly deprived minors of their valuable property, and so violated Article-VI of the Code.
By receiving substantial unexplained gifts, Justice Naqvi violated Article-VI of the Code; the gifts including receiving Rs50 million, his sons receiving two commercial plots and two residential plots at a nominal price and his daughter receiving UK pounds 5,000, said the SJC.
Copyright Business Recorder, 2024
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