PBC files complaint in SJC against Justice Mazahir

ISLAMABAD: The Pakistan Bar Council (PBC) Friday filed a complaint of misconduct in the Supreme Judicial Council (SJC) against Justice Sayyed Mazahir Ali Akbar Naqvi, a judge of the Supreme Court, praying for initiating an inquiry against him and removing him as a judge of the apex court.

The complaint was jointly filed by Chairman Pakistan Bar Council Haroon Rashid and Hassan Raza Pasha, Chairman Executive Committee of the Council, under Section 5(1) of the Supreme Judicial Council Procedure of Inquiry, 2005, read with Article 209 of the Constitution.

They submitted that the purpose of accountability of judges of the superior courts on the basis of their conduct prejudicial to the judicial office held by them had been left to the judges of Supreme Court itself within the meaning of Article 209(8) of the Constitution.

Last month, the PBC had announced it would file a complaint of misconduct in the SJC after an audio leak emerged, purportedly featuring a conversation about fixation of a case before a particular bench or judge, with former Punjab chief minister Pervaiz Elahi.

The PBC had stated that the Punjab Bar Council, Peshawar Bar Council, Balochistan Bar Council, Khyber-Pakhtunkhwa Bar Council as well as Islamabad Bar Council would separately file a complaint of misconduct against the judge in the SJC.

“Notwithstanding that superior judiciary already under criticism, the audio leaks, attributed to the apex court judge may have not pricked the conscience of the judge, but the Pakistan Bar Council has taken the matter with great concern for the sake of respect and dignity of the superior judiciary,” the complaint stated.

The PBC submitted that the attribution of such audio leaks to the afore-named judge required the SJC to hold an inquiry. It also stated that information regarding accumulation of assets worth crores of rupees by the respondent judge was also making rounds in the media, which further necessitated initiation of proper proceedings against the judge.

It submitted that the judges of the Supreme Court, constituting the SJC, devised the code of conduct for judges of the superior courts “in the exercise of their powers under Article 209 (8) of the Constitution of Pakistan. Thus, respect and compliance with such code becomes the foremost duty of the judges of the Supreme Court”.

The PBC submitted that the former chief minister of Punjab Chaudhry Pervaiz Elahi “in the viral audio, is found to be clearly instructing a learned counsel to get an important case fixed before the respondent judge”, which “created and triggered a public perception on a larger scale against the independence, sanctity and dignity of the superior judiciary, warranting an inquiry into the matter.

“It has been learnt that the respondent judge has attempted to manage and legalise his income through sale of property i.e. House No 375, Phase II, DHA, Gujranwala Cantt, in the year 2021 for a consideration of Rs60 million,” the PBC stated.

It further submitted that the said property was purchased by him for Rs4.7 million, adding that the respondent judge manoeuvred to revise tax returns of 2021 multiple times, in an attempt to justify his income.

The PBC complaint submitted that two sons of the respondent judge hold the law office in Evacuee Trust Property Board, Lahore, adding that the course of litigation regarding its rent was initially decided against the said sons by the ETPB chairman.

“However, the respondent judge managed the decision later to tilt it in favour of his sons, by federal secretary Religious Affairs,” the PBC submitted, adding that reportedly, the respondent judge promoted legal practice of his two sons namely Ayed Ali Irtiza Naqvi and Syed Ali Murtaza Naqvi, advocates, having around five years of legal standing at the bar.

“The general perception in the legal fraternity is that the respondent judge has been using his official influence in patronising his sons legal practice, which is a serious breach of code of conduct,” the PBC added.

It further submitted that the respondent judge, through his misconduct, violated the purpose of the code of conduct framed by the Supreme Judicial Council and, in turn, had contributed to disobedience of the Constitution.

“The submitted information required a thorough inquiry by the SJC, while associating the respondent judge with the proceedings so that a final finding in this regard may be given,” the PBC submitted.