ISLAMABAD: In an in-camera session, the Supreme Judicial Council (SJC) on Wednesday discharged a show-cause notice issued to a senior judge of the Lahore High Court (LHC) facing a reference on misconduct charges.

Headed by Chief Justice Mian Saqib Nisar, the SJC — a constitutional forum which examines conduct of superior court judges and recommends removal of erring judges — had taken up the reference against Justice Sayyed Mazahar Ali Akbar Naqvi. He was issued a show-cause notice by the SJC on April 19, 2016 on alleged misconduct.

The reference was initiated against the judge on the basis of a Jan 2014 judgement in which the Supreme Court had taken a strong exception to the way the judge had entertained a bail application of an accused and described it as colourable exercise of jurisdiction.

The conduct of the judge had also compelled the apex court to develop guidelines to be followed by all the high court judges and magistrates while granting bail in criminal cases.

The principles regarding bail matters so developed were enunciated by Justice Asif Saeed Khosa in the judgement while deciding two review petitions, one of them moved by the judge facing reference before SJC.

However on June 2, Justice Khosa recused himself from hearing the reference against the judge, citing personal reasons but also emphasising he had no personal bias against the judge.

Then defending the high court judge, senior counsel Khawaja Haris Ahmed had raised objection to Justice Khosa’s presence in the SJC.

Earlier Justice Naqvi had also moved a petition before the Supreme Court under Article 184(3) of the Constitution challenging the show-cause notice issued to him by the SJC.

The petition had requested the apex court to declare the show-cause notice and all acts leading to the issuance of the notice as unlawful, unconstitutional, without jurisdiction and contrary to public interest and violative of Articles 209(5) (SJC), 9 (security of person), 10A (fair trial), 19 (freedom of speech) and 25 (equality of citizens).

Later the judge had withdrawn the petition from the Supreme Court on the grounds that he had also raised objection before SJC therefore there was no need of a parallel hearing.

Published in Dawn, February 15th, 2018

Opinion

Editorial

Military option
Updated 21 Nov, 2024

Military option

While restoring peace is essential, addressing Balochistan’s socioeconomic deprivation is equally important.
HIV/AIDS disaster
21 Nov, 2024

HIV/AIDS disaster

A TORTUROUS sense of déjà vu is attached to the latest health fiasco at Multan’s Nishtar Hospital. The largest...
Dubious pardon
21 Nov, 2024

Dubious pardon

IT is disturbing how a crime as grave as custodial death has culminated in an out-of-court ‘settlement’. The...
Islamabad protest
Updated 20 Nov, 2024

Islamabad protest

As Nov 24 draws nearer, both the PTI and the Islamabad administration must remain wary and keep within the limits of reason and the law.
PIA uncertainty
20 Nov, 2024

PIA uncertainty

THE failed attempt to privatise the national flag carrier late last month has led to a fierce debate around the...
T20 disappointment
20 Nov, 2024

T20 disappointment

AFTER experiencing the historic high of the One-day International series triumph against Australia, Pakistan came...