Rumours swirl as another ‘likeminded’ SC judge bows out

ISLAMABAD: Justice Ijazul Ahsan, senior judge of the Supreme Court (SC), who was supposed to become the next chief justice of Pakistan in October 2024, tendered his resignation on Thursday, saying he no longer wishes to continue as a judge of the apex court.

Justice Ijazul Ahsan was the senior most judge of the SC after the incumbent Chief Justice Qazi Faez Isa, and regarded as likeminded judge in the camp of former chief justice of Pakistan, Justice Umer Ata Bandial. His resignation came as a surprise when it was received at the office of President Dr Arif Alvi.

A day earlier, Justice Mazahir Ali Akbar Naqvi, who was facing charges of misconduct in the Supreme Judicial Council (SJC), had stepped down saying it was no longer possible for him to continue to serve as a judge of the Supreme Court.

“I have had the honour and privilege of serving as a judge of the Lahore High Court, the chief justice of Lahore High Court, and a judge of the Supreme Court; however, I no longer wish to continue as a judge of the Supreme Court,” Justice Ahsan wrote to the President while tendering his resignation.

“Therefore, I, Justice Ijazul Ahsan, resign as a judge of the Supreme Court of Pakistan in terms of Article 206(1) of the Constitution with immediate effect,” he wrote in his resignation letter.

Justice Ahsan also did not participate in the Supreme Judicial Council (SJC) proceedings on Thursday, which was hearing the misconduct complaints against former judge Justice Mazahir Ali Akbar Naqvi. Later, the next senior most judge of the Supreme Court, Justice Syed Mansoor Ali, was made part of the proceedings.

Recently, Justice Ijazul Ahsan, being a member of the SJC, had termed the allegations levelled against Justice Mazahir Naqvi without merit or substance in law, and their inclusion in the show-cause notice was in clear violation of the settled law.

The judge, in a letter to the SJC, had stated that the show-cause notice, issued to Justice Mazahir Naqvi, should be recalled forthwith. “The instant show-cause notice ought never to have been issued and it should be recalled forthwith,” Justice Ahsan had written.

Throughout the day, it remained talk of the town as to what prompted Justice Ijazul Ahsan to resign, though he was sent to become the chief justice of Pakistan after retirement of the incumbent CJP Qazi Faez Isa this year in October. After the resignation of Justice Ahsan, Justice Mansoor Ali Shah is set to become the next chief justice in October 2024. He will stay as the chief justice of Pakistan for three-and-a-half years till 2027. Justice Sardar Tariq Masood, another senior judge, will retire in March this year.

Justice Ijazul Ahsan was one of the five-member bench that had disqualified former prime minister Nawaz Sharif in Panama papers case, while he was also part of three-member implementation bench, headed by Justice Ejaz Afzal Khan, following its April 20 order on the Panama Papers case, announced that the larger bench had unanimously deemed PM Sharif unfit for holding office and would also order an accountability court to open references against him and his family, and other respondents.

He was also part of three-member bench, headed by former chief justice Mian Saqib Nisar, which had declared Nawaz Sharif ineligible to continue as head of his own party, Pakistan Muslim League Nawaz (PMLN), for being a disqualified person from a court of law.

In the recent past, the leadership of PMLN as well as the then PDM government often targeted him in their statements.

Meanwhile, the SJC Thursday decided to continue proceedings against Justice Mazahar Ali Akbar Naqvi over misconduct charges and gave him another chance to present his viewpoint before the body.

The SJC served an intimation notice on Naqvi, whose resignation was accepted by President Arif Alvi earlier on Thursday, asking him to appear before the body on Friday (today) if he wanted to give his viewpoint regarding the complaints, lodged against him. The SJC issued notices to Justice Mazahir Naqvi and his counsel for the purpose.

The SJC, headed by Chief Justice Qazi Faez Isa and comprising Justice Ameer Hussain Bhatti, Justice Naeem Afghan Baloch and Justice Sardar Tariq Masood, conducted the proceedings.

Attorney General Mansoor Usman read out the resignation, tendered by Justice Mazahir Ali Akbar Naqvi. CJP Qazi Faez Isa said a senior judge of the apex court could join the proceedings in the absence of one member, adding that is Mansoor Ali Shah was available, then the Council would proceed with the matter.

“We have to see as to whether we should end the proceedings or proceeded further; therefore, your assistance is needed,” the CJP told the attorney general.

Later on, the Council again commenced after Justice Mansoor Ali Shah joined the proceedings. The CJP observed that the resignation was not given by the judge at the start of the instant proceedings, but after issuance of a show-cause notice to him. He said giving resignation is a personal matter of the judge and added that an unusual situation had arisen.

“The whole Pakistan is looking towards us, and any findings will have to be given as to whether the complaints lodged against the judge were genuine or not,” the CJP remarked.

The AGP submitted that public trust was directly related to transparency, adding that the question before the Council was what effect the judge’s resignation would have on the proceedings. He submitted that the procedure for removal of a judge was laid down in the Rules of Procedure 2005. He recalled that a two-member bench of the Supreme Court ruled in June 2023 that if a judge retires, no action could be taken against him.

He further submitted that the complaint against former chief justice Mian Saqib Nisar was sent to the SJC, adding that he did not act on the complaint.

On non-action against Saqib Nisar, the constitutional petition was filed in 2020 and the decision was taken in 2023.

CJP Qazi Faez Isa, however, observed proceedings were not initiated in connection with former chief justice, but in the present case, proceedings had commenced.

The CJP said if allegations had been proven, then the Council would have requested the President for the judge’s removal. He observed that all institutions, including the Supreme Court, were accountable to people of the country, adding that if anyone learns this thing, all the problems would be solved.

The AGP submitted that it was the first case of its kind that the Supreme Judicial Council was dealing with.

The CJP said “it does not mean that the Supreme Judicial Council cannot give an opinion”.

“What would happen if a friend of the judge from the council told him on the last day of the proceedings that he was going to be fired and he resigned”, the CJP asked the AGP.

“What is your opinion about this?” CJP further asked AG. The AG replied that the resignation of a judge during the proceedings was the first of its kind.

The AG submitted that the decision that came in June 2023 was of a two-member bench, while after the Supreme Court Practice and Procedure came, this bench could not give its decision on constitutional issues.

Meanwhile, the Council issued notices to Justice Naqvi and his counsel giving another chance to present his viewpoint and adjourned the proceedings until today (Friday) at 11:30 am.

Earlier, in the day, President Dr Arif Alvi accepted the resignation of Justice Mazahir Ali Akbar Naqvi on the advice of the prime minister under Article 179 of the Constitution.

Meanwhile, Pakistan Muslim League Nawaz (PMLN) Central Secretary Information Marriyum Aurangzeb Thursday demanded that former SC Justice Ijazul Ahsan must be held accountable and tried in a court of law over his misconduct, and the process of accountability should be started immediately.

Addressing a press conference following the resignation of Justice Ijazul Asan, she said his resignation could not exonerate him of the “terrible actions against people, people’s elected leaders, democracy, and the Constitution”.

His resignation would not bury a plethora of controversial decisions, references against him, and ongoing investigations against him, she added.

“Nobody should be above the law. If a three-time elected prime minister can present himself, his entire family, and his entire political party for the most rigorous process of accountability, even in the circumstances primed for persecution and victimisation, then why should any SC judge be exempted,” she questioned.

The former minister said, “You’re the monitoring judge; you called a democratic political party the Sicilian mafia; you’re the one who put together ‘gems’ of your choice in the JIT; made a mockery of justice, the Supreme Court, and the office of Supreme Court judge all to target, persecute, and victimise Nawaz Sharif. Today Nawaz Sharif is being vindicated and the bench that persecuted Nawaz was facing its destined eventually.”