SJC records statements of witnesses against Justice Mazahar ‘misconduct’

ISLAMABAD: The Supreme Judicial Council (SJC) on Thursday recorded statements of witnesses in the complaints filed against Justice (retd) Mazahar Ali Akbar Naqvi and held that no findings will be given on the matter till the disposal of intra-court appeal (ICA) against the apex court judgment, preventing any proceedings against judges who either resigned or retired.

Chief Justice of Pakistan Qazi Faez Isa, being the SJC chairman, conducted the proceedings on the misconduct complaints filed by lawyers as well as Pakistan Bar Council against Justice Mazahar. Other SJC members are Justice Sardar Tariq Masood, Justice Syed Mansoor Ali Shah, Lahore High Court Chief Justice Muhammad Ameer Bhatti and Balochistan High Court Chief Justice Naeem Akhtar Afghan.

At the start of the proceedings, Justice Mazahar’s counsel Khwaja Haris excused himself from appearing before the SJC on behalf of the judge. He told the council that his client had withdrawn his power of attorney, therefore, he would not further represent the judge. Khawaja Haris further submitted that a case related to the action against the retired judges was pending before a five-member bench of the Supreme Court, adding that similar questions were also raised in Justice Shaukat Aziz Siddiqui’s case. At this, Justice Isa said that the judgment in the Shaukat Aziz Siddiqui case had been reserved.

Similarly, the council also noted that Justice Mazahar had also written a letter to the SJC secretary informing that he had withdrawn the power of attorney of Khwaja Haris as his counsel. The SJC, however, allowed Justice Mazahar to cross-examine any witness but no one came. The council held that the proceedings were open to the public and anyone could come and cross-examine the witnesses.

The chief justice said that as far as the ICAs filed in the Afiya Shehrbano case were concerned, the council will wait for the court’s decision. The SJC observed that it would not prepare a report in the matter till the pending disposal of the ICAs against the Supreme Court’s decision that had held that proceedings cannot be initiated against the judges who either retired or had resigned.

During the hearing, Attorney General (AG) Mansoor Usman, being the prosecutor in the matter, submitted a list of five witnesses in the complaints filed against Justice Mazahar.

Abdul Ghaffar, the first witness and Deputy Controller, Military State Officer, Lahore Cantt, on oath, recorded his statement before the council and submitted that according to the record of property number 100 of Lahore Cantonment Board was leased to Muhammad Afzal in 1962 and later transferred to Muhammad Ishaq in 1967. He submitted that Ishaq gifted the property to his wife Nasima Warsi, adding that in the year 2004, this land was transferred to Nasima Warsi’s daughter Bisma Warsi and Bisma Warsi divided this land into two plots.

He further stated that later this property was transferred to Nasima’s husband Chaudhry Shahbaz and son Hassan Shahbaz, adding that Justice Mazahar bought the property from Hassan Shahbaz in 2022 for Rs100 million. He said that after the distribution of property, Bisma Warsi had 1,983 square yards of land, adding that on June 28, 2022, the property was transferred to the name of Justice Mazahar for Rs100 million.

Similarly, the second witness Kashif Shahzad, Executive Officer Cantonment, Lahore, also recorded his statement on oath and presented the record of construction on the land. He told the SJC that on October 3, 2022, Justice Mazahar applied for the building plan for construction and the Military Estate Officer approved the building plan. The witness, however, submitted that the application for a certificate for the completion of work was not received. The third witness, Asif Uzair, director of a private land evaluation company, stated that on June 25, 2022, the St John’s Park property was valued at Rs270 million and on January 9, 2024, the property was valued at Rs370 million.

CJP Isa asked the witness as to whether any construction had been done on the land. The witness replied that construction was done but they were not allowed to enter. Likewise, the fourth witness, Kashif Rehman, director of another private land evaluation company, recorded his statement on oath and informed the council that on 25 June 2022, 100 St. John’s Park property and its value was Rs259 million and on January 8, 2024 it was Rs356 million. He told the council that the people there did not allow him to enter the premises because of the construction on the property. On an SJC query, the witness submitted that St John Park Lahore being a posh area was very expensive.

Meanwhile, the council adjourned the hearing until today (Friday) wherein statements of more witnesses will be recorded.