ISLAMABAD: The Pakistan Muslim League (Nawaz) Lawyers Forum, Punjab chapter, urged the Supreme Judicial Council (SJC) to initiate a proceeding/ inquiry/ investigation against Justice Mazahar Ali Akbar Naqvi, a Supreme Court judge, for committing misconduct in view of certain viral audio clips released on the social media.
Chief Justice of Pakistan Umar Ata Bandial, who is the head of the SJC, has been requested to proceed against the judge so that Justice Mazahar is tried for misconduct under Article 209 of the Constitution and consequently, removed him as the judge of the apex court from the day the misconduct is established.
General Secretary PML-N Lawyers Forum Punjab Zahid Hussain Malik, its Additional General Secretary Khalid Nawaz Ghumman, and vice-President Rushda Lodhi, on Saturday, filed a complaint in the SJC under Article 209 (5) of the Constitution.
They submitted that Justice Mazahar Naqvi has deviated from the Code of Conduct of the judges, which seeks to discipline the judges essentially their role on the bench in the course of the litigation and also to some extent in their private lives.
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They stated that the judge in the past had passed inconsistent orders in matter by initially refusing bail to the same person when a different lawyer represented the latter. “This attitude and action runs counter to the basic spirit of Code of Conduct according to which a judge is expected to avoid treating similar cause differently.” A stricture in this regard was passed against Justice Mazahar in 2014 in case reported 2014 SCMR 304, but unfortunately, the matter appears to have been hushed up by the then Chief Justice and the SJC for reasons best known to them.
Recently, some audio leaks released on the social media that Justice Mazahar appears to be passing orders pursuant to being approached by the interest parties which in itself is a gross violation of his code of conduct. They attached the transcripts of the audio leaks with the complainant.
It is a matter of record that Justice Mazahar Naqvi has misused his authority as a judge of the apex court in the most obvious of manners. Such repetitive conduct on his part has not only proved detrimental to the security of the ends of justice but has also greatly undermined and brought disrepute to the image of the Supreme Court in the eyes of the public.
The controversy surrounding apex court judges began with two audio clips ascribed to former chief minister Punjab Pervaiz Elahi which had left the top court facing calls to open an investigation into the matter and dispel the alarming impression that brings the judiciary “under the question mark”.
Soon after, a new audio clip allegedly featuring PTI leader Yasmin Rashid and Lahore Capital City Police Officer (CCPO) Ghulam Mahmood Dogar emerged on social media where the male voice was heard saying that he had “his man” at the apex court.
Last month, Mian Dawood, a Lahore-based lawyer, had filed the complaint against Justice Naqvi for allegedly violating the code of conduct for judges of the Supreme Court issued under Clause (8) of Article 209 of the Constitution.
According to his reference, the SC judge and his family members were found “involved in following malpractices and misuse of power in a criminal-designed pattern during his service”. He (Justice Naqvi) uses his position to facilitate his sons and a daughter studying abroad and getting financial gains from Zahid Rafique (owner of Future Holdings).
Copyright Business Recorder, 2023