• SJC recommends Justice Mazahar Ali Naqvi’s removal as SC judge, even after resignation
• Judge to challenge decision, wonders how resignation can be converted into removal
• Council reviews six other complaints against judges, dismissing five due to lack of substance

ISLAMABAD: The Supreme Judicial Council (SJC), a body empowered to hear cases of misconduct against judges, found Supreme Court Justice Sayyed Mazahar Ali Akbar Naqvi guilty of misconduct on Thursday and recommended his removal from office.

Justice Naqvi was guilty of misconduct and “should have been removed from the office of the judge”, the SJC said in its much-anticipated opinion.

Justice Naqvi, who was facing nine different complaints under Article 209(6) of the Constitution, resigned from the high office on Jan 10, just a day before SJC proceedings, which eventually decided on the next day to continue with its hearings against the judge, with Chief Justice Qazi Faez Isa noting that it was necessary to remove the misperception that the institution of the judiciary was above the law.

The council’s determination came on the day when the Ministry of Law issued a notification regarding the elevation of Justice Naeem Akhtar Afghan as the Supreme Court judge. Besides, the senior puisne judge Justice Sardar Tariq Masood is set to retire on Friday (today). Both judges are members of the five-judge SJC, which is headed by Justice Isa.

When asked whether Justice Naqvi would remain entitled to post-retirement benefits like pension, a senior counsel on condition of anonymity told Dawn that the SJC could not suggest anything about the consequence of its findings, and it was for the government to interpret or amend the Presidential Order 1997, which also deals with the pension and benefits of the judges.

Moreover, the real picture will emerge after the detailed reasons in the federal government’s appeal in the Afiya Shehrbano Zia case will come.

Besides Justice Naqvi, the SJC reviewed six other complaints against judges, dismissing five due to lack of substance but issuing a notice to a Balochistan High Court judge to respond within 14 days.

On Feb 16, while presiding over the SJC’s proceedings in an open court against Justice Naqvi, Chief Justice Isa dropped hints to take up different complaints pending with the council against several judges.

During the proceedings, Justice Isa explained that though the present proceeding was open on the request of former judge, the council would go through the entire list of complaints against different judges internally and if necessary, issue a press release in this regard.

Similarly, while speaking at a workshop on Jan 20, Justice Isa had revealed that he had sought opinion on complaints against 100 superior court judges pending before the SJC. He said he had forwarded these complaints on misconduct to senior SJC members to consider and render their opinion.

On Thursday, the SJC explained that allegations were levelled against judges of the Supreme Court and high courts and that the same had been publicised. Several judges have expressed concern that if they respond to such allegations, their response might be construed as misconduct because Article V of the Code of Conduct issued by

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the SJC on Sept 2, 2009, stated that a judge should not seek publicity.

The SJC deliberated upon the matter and said that if the reply or clarification was issued by or on behalf of the judge, it does not violate Article V. How­ever, since concerns have been expressed by judges, it was agreed to amend Article V of the Code of Conduct by adding: “How­ever if an allegation is publicised against a judge, he may respond to it.”

Judge to challenge decision

Meanwhile, a statement issued by Justice Naqvi said the SJC proceedings against him were ex parte and he refused to be part of the proceedings because the law does not permit an inquiry to continue after the judge has resigned.

He said the president had acknowledged his resignation, which was also notified. Even prior to the filing of complaints, several SJC members demanded pre-emptive action against him, he said, adding that 26 applications were submitted before the council and not one was responded to or acknowledged.

He said the Afiya Shehrbano appeal was a time-barred appeal, which was allowed to single out and target Justice Naqvi. The appeal was heard by the same bench that refused to give him interim relief, he said. The statement said the judge would challenge the SJC’s decision and “we will expose them all” and “access the relevant legal recourse”.

Published in Dawn, March 8th, 2024