ISLAMABAD: Justice Mazahar Ali Akbar Naqvi of the Supreme Court, who is facing proceedings at the Supreme Judicial Council for alleged misconduct, has expressed reservations over the composition of the SJC.

Last month, the SJC issued a show cause notice (SCN) in response to 29 complaints against Justice Naqvi.

In his reply submitted to the SJC, Justice Naqvi said the SJC proceedings have been conducted in a manner which is ex facie discriminatory and, therefore, violate Article 25 of the Constitution.

The reply stated that Chief Justice of Pakistan Qazi Faez Isa, who is chairman of the government-appointed inquiry commission on audio leaks, which is also examining leaked calls of Justice Naqvi, cannot act as the SJC chairman.

Accused of misconduct, Justice Mazahar says CJP Isa can’t act as head of body; alleges violation of fundamental rights

Further, it said, Justice Naeem Akhtar Afghan, a member of the inq­uiry commission, must also not hear the complaints against the judge.

“In view of the above, in the interest of propriety, justice and fairness, Mr Chief Justice Qazi Faez Isa and Mr Justice Naeem Akhtar Afghan ought not to hear the complaints against me,” stated the reply of Justice Naqvi, adding that “in respect of Mr Justice Sardar Tariq Masood it is submitted that having already expressed an opinion on the complaints against me, he is disqualified from hearing those complaints as a member of the SJC.”

Justice Naqvi claimed his response is not a “formal” reply to the SCN, but it is “an attempt to identify the issues involved, the information and documents that I require and which ought to be made available to me to enable me to prepare and submit a response”.

The reply pointed out that the Supreme Court in the case of Justice Isa vs President of Pakistan had observed that, “no one, including a judge of the highest court in the land, can be denied his right to be dealt in accordance with the law”.

The judge pointed out, “It is evident from the record that the manner in which the proceedings have been initiated against me, by issuing the SCN by the Supreme Judicial Council, is repugnant to and inconsistent with the Fundamental Rights guaranteed to me by the Constitution.”

“Further, the issuance of the press release dated October 27, 2023 without my prior consent not only violates my Fundamental Rights but also subjects me to a media trial, and further maligns and ridicules me in the public eye,” the reply added.

It claimed that the SJC was not unanimous in serving the SCN on Justice Naqvi.

“The SJC, therefore, can only proceed against a judge by a unanimous decision of the members. It cannot proceed by a majority. No such authority is vested in the SJC by the Constitution,” it said, adding that view of the three-member majority of the SJC is contrary to the publicly expressed view of two of these members.

Justice Naqvi pointed out that the SCN does not identify whether he was being called upon to answer the common allegations, or that he is supposed to respond them jointly, or that he is to respond to each and every allegation in each complaint.

Justice Naqvi pointed out that on May 29, 2023, then chief justice of Pakistan and chairman of the SJC, Umar Ata Bandial, had referred the complaints filed against the judge to Justice Sardar Tariq Masood to look into it and express his opinion on their veracity, and the latter submitted his opinion on Sept 25, after three months and 27 days from the date of referral.

The judge sought the “minutes of the meeting of SJC held on October 27, 2023, containing the discussion and decisions in respect of: (a) each of the 29 complaints considered by the SJC during the meeting and the direction for issuing the press release dated October 27, 2023”.

Justice Naqvi stated that “by not making the above documents/information available to me, not only have I been denied a fair trial and equal protection of the law but such conduct raises a serious question on the propriety and transparency of the proceedings of the SJC”.

He further stated that during the oath-taking ceremony of Justice Irfan Saadat Khan, Justice Sardar Tariq Masood, by inference, used derogatory language against him while talking to reporters.

The judge termed the complaints against him as frivolous and politically motivated and requested for their dismissal.

Published in Dawn, November 11th, 2023