10 misconduct charges: SJC issues show-cause notice to Justice Naqvi

ISLAMABAD: The Supreme Judicial Council (SJC) issued a show-cause notice on Friday to Justice Sayyed Mazahar Ali Akbar Naqvi, a judge of the Supreme Court, in response to misconduct complaints filed against him.

The Supreme Judicial Council (SJC), a body responsible for holding judges of superior courts and high-ranking government officials accountable, consists of five members. These members include the Chief Justice of Pakistan, the two most senior judges of the Supreme Court, and the two most senior chief justices of high courts.

Currently, the two most senior judges of the Supreme Court are Justice Sardar Tariq Masood and Justice Ijazul Ahsen. The chief justices of the Lahore High Court and Sindh High Court serve as the other members of the Supreme Judicial Council.

On Friday, a meeting of the Supreme Judicial Council (SJC) was held, chaired by Chief Justice Qazi Faez Isa.

The meeting was attended by Justice Sardar Tariq Masood, Justice Ijazul Ahsen, Justice Ameer Bhatti, Chief Justice of the Lahore High Court, and Chief Justice of the Balochistan High Court, Justice Naeem Akhtar Afghan.

“The Supreme Judicial Council (‘the Council’) had last met on July 12, 2021, when Justice Gulzar Ahmedwas the Chief Justice of Pakistan, and since then more complaints have been received. Justice Qazi Faez Isa, Chief Justice of Pakistan, convened a meeting of the Council on October 27, 2023 at 11.30 am, with the following agenda: (1) To consider complaints which are ripe. (2) Any other matter with the permission of the Chair”, says a press release issued here.

Following an examination of the misconduct complaints against Justice Mazahir Ali Akbar Naqvi, the council issued him a show-cause notice, directing him to submit his response by November 10.

On September 25, Justice Sardar Tariq Masood, a senior judge of the Supreme Court and a member of the Supreme Judicial Council (SJC), had provided his legal opinion on the misconduct complaints filed against Justice Sayyed Mazahir Ali Akbar Naqvi, a judge of the Supreme Court.

Multiple misconduct complaints were lodged against Justice Sayyed Mazahir Ali Akbar Naqvi during the tenure of Chief Justice Umer Ata Bandial, who served as the Chairman of the Supreme Judicial Council at the time.

The initial misconduct complaint against Justice Sayyed Mazahir Ali Akbar Naqvi was filed with the Council by Lahore-based lawyer Muhammad Dawood. Later, the Pakistan Bar Council also announced its intention to file a complaint against Justice Naqvi.

Subsequently, Vice Chairman of the Pakistan Bar Council (PBC) Haroon Rashid submitted a misconduct complaint against the judge, seeking an inquiry into his conduct and his removal from the Supreme Court bench.

The complaint against the judge was prompted by leaked audio recordings purportedly featuring a conversation about the manipulation of cases before a particular bench or judge involving former Punjab chief minister Pervaiz Elahi.

“While the audio leaks attributed to the apex court judge may not have affected the judge’s conscience, the Pakistan Bar Council has expressed great concern for the reputation and dignity of the superior judiciary,” the PBC had stated.

“The judges of the Supreme Court, who constitute the SJC, have established a code of conduct for judges of the superior courts, exercising their powers under Article 209(8) of the Constitution of Pakistan. Thus, respecting and adhering to such a code is the primary duty of Supreme Court judges.”

According to the procedure of the Supreme Judicial Council, when it receives a complaint of misconduct against a judge, the Chief Justice of Pakistan, as the head of the Council, refers the complaint to a senior member of the Council for review and examination of its contents. After examining the contents of any complaint, the senior member then provides their opinion to the council.

In April, senior judges of the Supreme Court, Justice Isa, and Justice Masood, had urged then Chief Justice Bandial to convene a meeting of the SJC to consider the misconduct complaints against Justice Naqvi.

In a joint letter addressed to all members of the SJC, both judges had said that they were “waiting for you to convene a meeting of the Council to consider the complaints and to ascertain whether there is a substance in the stated allegations; we must either exonerate the respondent judge and fully restore his honour or submit our report in accordance with the Constitution.”

Both senior judges had noted that they had received written complaints, including those from the Pakistan Bar Council, alleging misconduct and financial impropriety by Justice Naqvi.

They had stressed that Article 209 of the Constitution established the SJC, and the Council must inquire into the capacity and misconduct of a judge. They had argued that leaving the respondent judge under a cloud of uncertainty would undermine both his and the judiciary’s reputation, and the confidence of the people in the integrity and independence of the judiciary requires prompt action without further delay.