Letter to CJP: Justice Naqvi describes complaints as ‘frivolous and part of anti-judiciary campaign’

ISLAMABAD: Justice Mazahar Ali Akbar Naqvi has written a letter to Chief Justice of Pakistan Umar Ata Bandial, in which, he termed complaints against him as frivolous and part of an anti-judiciary campaign, sources said.

Chief Justice of Pakistan Umar Ata Bandial, who heads the Supreme Judicial Council (SJC), on 30th May had sought an opinion of Justice Tariq Masood, who is currently the third senior-most judge of the Supreme Court, regarding the complaints against Supreme Court Judge Justice Sayyed Mazahar Ali Akbar on charges of misconduct.

According to the SJC rules, the member to whom the chairman has referred the information examines the same and ascertains if the information so received discloses specific particulars of misconduct, and provides factual details necessary to form a prima facie opinion in respect of the guilt of the judge.

Four complaints have been filed against the incumbent judge of the Supreme Court by Mian Dawood, a Lahore-based lawyer, Pakistan Muslim League (Nawaz) Lawyers Forum, Punjab, PBC Vice Chairperson Haroon Rasheed, Council’s Chairperson Executive Committee Hasan Raza Pasha, and Advocate Ghulam Murtaza Khan, for amassing illegitimate assets and misconduct.

Justice Naqvi in his letter expressed “surprise” at this behaviour, saying that no other member of the SJC has ever acted in this manner. He has also accused the judge who levelled allegations of being “impatient” to initiate proceedings against him.

The top court judge noted that a number of complaints against serving judges are pending with the SJC.

In his letter, Justice Naqvi said that he is “confident” that the allegations against him will be “dismissed” once they are investigated. He also said that he is “committed” to serving the judiciary and that he will “continue to discharge duties with honesty and integrity”.

According to Section 7 of the SJC Inquiry of SJC Procedure of Enquiry Rules 2005, “once any information in respect of enquiry into the conduct of a judge is received by any member or the council, it shall be presented to the chairman of the council, who; shall (a) refer the same to any member of the council to look into the said information; and to express his opinion in relation to sufficiency or otherwise of the information; (b) if the council is satisfied that the information prima facie discloses sufficient material for an enquiry, it shall proceed to consider the same”.

It added that “the member, to whom the chairman has referred the information, will examine the same and ascertain if the information so received discloses specific particulars of misconduct, and provides factual details necessary to form prima facie opinion in respect of the guilt of the judge”. “If the member forms an opinion that the information does reveal sufficient material to commence enquiry, he shall inform the council accordingly and the information shall be placed before the council,” it states.

In April this year, two senior judges of the SC and members of the SJC, Justice Qazi Faez Isa and Justice Sardar Tariq Masood, wrote a letter to Chief Justice Umar Ata Bandial, Chief Justice Sindh High Court Ahmed Ali M Sheikh, and Chief Justice Lahore High Court Justice Muhammad Ameer Bhatti, as they are other members of the Council.

The letter stated that written complaints had been received from the Pakistan Bar Council (PBC) and other petitioners against Justice Naqvi, alleging misconduct and financial corruption. In the letter, it is said that by calling a meeting of the SJC, the allegations levelled against the judge should be reviewed if they were false or true.

Copyright Business Recorder, 2023