Judges who left offices of their own accord or were sacked

LAHORE: Justice Mazahar Ali Akbar Naqvi, who has resigned from the apex court in the middle of an inquiry against him, is not the first Pakistani arbiter who has either left office while facing charges of misconduct or was shown the door unceremoniously.

Research shows that arbiters of all statures have often been held accountable for misdemeanor over the years, though some of these judges had opted to call it a day rather honourably to salvage their prides as soon as proceedings were initiated against them. However, we have had also a few judges who relinquished charge on principled grounds to remain alive in history.

After peeking through media archives and benefitting from renowned lawyer Aitzaz Ahsan’s address at the Lahore High Court Bar Association few years ago, Dawn newspaper’s editorial of March 12, 2007, advocate Zafar Iqbal Kalanauri’s research article “Has the Supreme Judicial Council been able to judge the judges?” and eminent jurist Hamid Khan’s book “Constitutional and Political History of Pakistan,” one finds that the first-ever reference in the country’s judicial history was filed against Justice Hasan Ali Agha in 1951, though he was exonerated.

The reference against Justice Akhlaque was filed in 1960 during Ayub Khan’s regime, Justice Shaikh Shaukat had faced an inquiry in General Yahya Khan’s regime (1969), Iftikhar Chaudhry was unsuccessfully proceeded against by General Musharraf and incumbent Chief Justice of Pakistan, Justice Qazi Faez Isa, also had to stand in the dock along with his wife after President Arif Alvi levelled charges against him during former premier Imran Khan’s regime. The reference against Justice Qazi Isa was quashed in June 2020 by the Supreme Court of Pakistan.

Justice Akhlaque did contest his case, but to no avail. Justice Fazal-e-Ghani was removed in 1970 for having allegedly sold a gun he had brought from Britain for personal use. He did not contest the charges. He was the father of former Attorney General Makhdom Ali Khan.

Chief Justice of Pakistan, Yaqub Ali, was removed in 1977 during General Zia’s time. He was hearing a petition of Mrs Nusrat Bhutto against Zia’s Martial Law. In March 2007, then chief justice Iftikhar Chaudhry was charged with “misconduct” and “misuse of authority” by Musharraf and a reference was filed. The resultant civil disorder after Iftikhar Chaudhry’s dismissal led to a lawyers movement which succeeded in getting him restored as chief justice on July 20, 2007. During General Musharraf’s time, Chief Justice Saeeduzaman Siddiqi refused to take oath under the PCO. Not fewer than 18 judges of superior courts, six judges of Supreme Court of Pakistan, including chief justice, six of Sindh High Court and four of North West Frontier Province and two of Lahore High Court stood retired by this action.

In 2009, former chief justice of the Islamabad High Court, Bilal Khan, was accused of having links with an underworld don Nannu Goraya, who was killed in a police encounter. Bilal had accused the Sharif family of masterminding the whole “drama”. In June 2008, a Lahore High Court bench composed of Justice Bilal Khan, Justice Shakoor Paracha and Justice Shabbar Raza Rizvi had barred Nawaz Sharif from contesting a by-election. Proceedings against Justice Bilal were initiated by the Supreme Judicial Council though he had refused to quit, rebutting allegations.

In 2012, Justice Masood Bilal of Khanewal resigned after a video that showed him dancing with a girl at a party was uploaded on YouTube. In October 2016, Justice Iqbal Hameedur Rehman, a Supreme Court judge, tendered his resignation, a few days after his fellow arbiter, Amir Hani Muslim, declared as illegal the appointments made by him as chief justice Islamabad High Court. In February 2017, another Lahore High Court judge, Mazhar Iqbal Sidhu, also resigned, two days before he was due to appear for an inquiry. Justice Shaukat Siddiqui of the Islamabad High Court was sent home in 2018 for his remarks about interference in judicial proceedings by the country’s premier spy agency. In 2019, Justice Farrukh Irfan of the Lahore High Court resigned as a Supreme Judicial Council inquiry against him was about to be concluded.

Justice Irfan’s name surfaced on the Panama Papers’ list of individuals having properties abroad and for alleged money laundering. In 2020, a senior accountability court judge, Arshad Malik, died after a video confession that he had convicted Nawaz under duress. In 2023, the Peshawar High Court dismissed District and Sessions Judge Asghar Shah under corruption charges.

According to INP news agency, In 2007, two Supreme Court judges, Faqir Muhammad Khokhar and M Javed Buttar, who had taken oath on Gen Musharraf’s PCO, resigned after the apex court verdict.

After the SC verdict, then chief justice of Balochistan High Court Amanaullah Yasinzai and four other judges — Nadir Khan, Akhtar Zaman, Ahmad Khan Lashari and Justice Mehta Kailash Nath — resigned.

In May 2015, Justice Muhammad Tasneem resigned for personal reasons.

According to Dawn’s report, Justice Ghulam Safdar Shah, who was part of the Supreme Court bench that rejected the Zulfikar Ali Bhutto’s review petition against the death sentence, faced a reference in the Supreme Judicial Council and resigned in October 1980. The reference came after he gave an impression in a media talk that he would have accepted the argument of Bhutto’s defence team, and also remarked that other judges of the bench had the same feeling too.

He faced the allegation that during the case trial of Nawab Mahmood Ahmad Kasuri’s murder in the LHC, Justice Shah had tried to influence one of the judges to extend a favour to an accused, Mian Mohammad Abbas. It was alleged that the LHC judge was asked to treat the accused lightly.

Justice Shah was also accused of misconduct and violating the oath he had taken as a judge of the SC. In the charge-sheet, Justice Shah was also accused of committing misconduct, including forgery in his education certificates. According to the newspaper, Justice Shah was so tightly squeezed by the authorities that after his resignation, he fled to Kabul where he spoke to the media to explain his viewpoint. In 2001, the then Justice Malik Muhammad Qayyum of the Lahore High Court and Justice Rashid Aziz of the Supreme Court had to resign following a finding by the Supreme Court that they were biased against the late prime minister Benazir Bhutto and her husband former president Asif Ali Zardari. The finding came on the basis of a leaked telephonic talk of convicting and sentencing at the behest of the PML-N government.