President Arif Alvi accepts Justice Sayyed Mazahar Ali Akbar Naqvi's resignation

ISLAMABAD: President Arif Alvi has accepted the resignation of Supreme Court’s Justice Sayyed Mazahar Ali Akbar Naqvi, who stepped down a day earlier amid misconduct allegations, Geo News reported on Thursday.

The President's Office said that President Alvi accepted the resignation on the advice of the prime minister under Article 179. 

Justice Naqvi had moved his resignation as he felt it was no longer possible for him to serve as a Supreme Court judge.

Several complaints of misconduct had been filed against him with the Supreme Judicial Council (SJC) by lawyers as well as Pakistan Bar Council seeking his removal, particularly after his name surfaced in connection with an alleged audio leak.

“It was an honor to be appointed and to serve as a judge, first of the Lahore High Court and then as the Supreme Court of Pakistan,” Justice Naqvi wrote, saying in the circumstances, which were a matter of public knowledge and to some extent public record, it was no longer possible for him to continue to serve as a judge of the Supreme Court. “Considerations of due process also compel so, I, therefore, effective today resign as a Judge of the Supreme Court of Pakistan,” he had stated in his resignation letter.

The resignation came after a three-member bench of the apex court — headed by Justice Aminuddin Khan and comprising Justice Jamal Khan Mandokhel and Justice Musarrat Hilali — rejected Justice Naqvi’s plea seeking halting of the SJC’s proceedings.

The SJC, on October 27 last year, issued a show cause notice to Justice Naqvi amid various complaints alleging bench manipulation and financial misconduct by the SC judge. Pakistan Bar Council, advocate Mian Dawood and others had filed complaints against the Supreme Court judge.

In his response, the Supreme Court judge raised issues with the inquiry and called for Chief Justice of Pakistan (CJP) Qazi Faez Isa and two other judges to recuse themselves from the matter.

On November 20, he contested the SJC proceedings and also challenged the show-cause notice issued to him by the council, saying the initiation of proceedings was coram non-judice and without lawful authority.

Subsequently, on November 22, a second show cause notice was served by the SJC, demanding a detailed response from the judge regarding the allegations raised by multiple petitioners.

Justice Naqvi then on January 4 filed a petition in the apex court under Article 184(3) of the Constitution, terming the misconduct complaints filed against him a direct and blatant attack on the independence of the judiciary.

It is important to note that the top court judge's name also surfaced in connection with the recent audio leaks purportedly involving him, former Punjab chief minister Parvez Elahi and others.

Elevated to the top court on March 16, 2020, Justice Naqvi made headlines when in January 2020, as the Lahore High Court (LHC) judge, he ruled in favour of former military ruler Pervez Musharraf.

The LHC bench comprised Justice Naqvi, Justice Muhammad Ameer Bhatti and Justice Chaudhry Masood Jahangir.

The controversial verdict of the LHC was annulled by the Supreme Court the same day he tendered his resignation.