NA refers Justice Mazahar Naqvi ‘corruption’ issue to PAC

ISLAMABAD: The National Assembly on Thursday referred the issue of corruption charges against Justice Mazahar Ali Akbar Naqvi to the Public Accounts Committee (PAC) for a special audit of his accounts and sources of income.

On the suggestion from Federal Minister Ayaz Sadiq, Deputy Speaker Zahid Akram Durrani referred the matter to the PAC to hold a special audit of the accounts of Justice Mazahar Naqvi with the help of the Auditor General of Pakistan and Federal Board of Revenue (FBR). The chair said that the matter is referred to the PAC under Rule 199 of Rules of Procedure and Conduct of Business in the House.

Ayaz Sadiq requested the chair to refer the case to the Public Accounts Committee with the directions to ask the FBR and Auditor General of Pakistan to conduct a special audit of Justice Mazahar Naqvi’s accounts, assets and source of income. He said the Supreme Court judge should be asked to explain his source of income, how he purchased a plot costing more than Rs100 million, paid taxes on the plot deal and the source of money with which he was constructing a house on the plot.

“This is the only way that the name of Justice Mazahar Naqvi can be cleared,” Ayaz Sadiq said, adding that all the judges were respectable to them but their image was being blotted due to a single judge against whom fingers were being pointed and bar councils had also filed references against him.

Sadiq said that overseeing any matter was the prerogative of the National Assembly and its committees. He said that a joint team of the FBR and Auditor General of Pakistan should furnish a report to the PAC within 15 days after conducting a special audit.

The Rule 199 of Rules of Procedure and Conduct of Business in the National Assembly 2007 says: “Except as otherwise provided in these rules, the Assembly or the Speaker may remit to the Standing Committee any subject or matter with which it is concerned and the Standing Committee shall study such subject or matter with a view to suggesting legislation or making recommendations to the Assembly.”

The members of the National Assembly, meanwhile, continued to call into question the conduct of sitting and retired judges of the superior judiciary. Shaikh Rohale Asghar, on a point of order, said a senior lawyer, who later became a judge of the Supreme Court, gave relief to his ex-client. The PMLN parliamentarian said the federal government should dig into the case as it pertained to misconduct on the part of a judge.

PPP parliamentarian Qadar Khan Mandokhel said that as per Rule 283, the Speaker could not provide the record of proceedings without the consent of the House. “No record should be provided to any judge of any court,” he said. He also questioned how the apex court could continue proceedings on suo motu notice after the Supreme Court Practice and Procedure Act 2023 became an act of parliament.

Referring to ex-chief justice Saqib Nisar, the PPP member said that he took over 200 suo motu notices without any reason and the office of his son was opened in the Supreme Court building. He said that an ex-chief justice ordered to demolish Nasla Tower only to satisfy his ego and he rendered many families homeless. “Instead of regularising Nasla Tower after receiving fine like the twin towers of Islamabad, the building was demolished,” he said. JUIF MNA Shahida Akhtar Ali presided over NA proceedings following the departure of the deputy speaker.

Meanwhile, the Supreme Court will take up today (Friday) an important hearing in the case relating to holding general elections of the National Assembly and provincial assemblies on the same date. A three-member bench of the apex court headed by Chief Justice Umer Ata Bandial and comprising Justice Ijazul Ahsen and Justice Munib Akhtar will take up the petitions for hearing at 11:30 am. Similarly, the court also issued its written order passed on April 27, making it clear that its order passed on April 4, fixing May 14 as the date for holding elections in the province of Punjab was in field.

“It was made clear the order of April 4, 2023, passed in a constitutional petition challenging the order of the Election Commission of Pakistan remained unchanged,” says the written order. A three-member bench of the apex court headed by Chief Justice Umer Ata Bandial on April 4 had declared as unconstitutional the order of the Election Commission of Pakistan (ECP) passed on March 22, 2023, postponing the election in Punjab till October 8 and fixed May 14, the date for polls in the province. The apex court also decided to continue its stay order against implementation of the Supreme Court (Practice and Procedure) Act 2023 – legislation curtailing CJP’s powers -- “till further orders” and sought complete records pertaining to debate over the legislation in the concerned forums by May 8.

Issuing a four-page order on Thursday relating to the hearing of the case in response to identical pleas challenging the constitutionality of the Supreme Court (Practice and Procedure) Act, the top court directed the attorney general for Pakistan to submit records pertaining to debates of the National Assembly, of the joint sitting of the two houses and of the relevant standing committee in which the provisions of the act were discussed.