ISLAMABAD: The Supreme Judicial Council (SJC) issued an intimation notice to Justice Sayyed Mazahar Ali Akbar Naqvi, who tendered his resignation to the President of Pakistan, which is accepted.
The former SC judge is asked to appear before the Council in his personal capacity or through his counsel today (Friday). It said if the judge on the next date requests for adjournment then they will proceed with the matter and hear the witnesses, who were present before the SJC on Thursday as well.
The Council secretary was directed to send the notice through email and WhatsApp to the judge and his counsel Khawaja Haris.
Justice Ijazul Ahsan, who is a member of the Council, for being third most senior judge of SC, declined to sit in the SJC proceeding. Therefore, Justice Mansoor, fourth in seniority, was requested to be part of the proceeding. Justice Mansoor later joined the SJC hearing, when it was convened after 40 minutes.
The SJC, headed by Chief Justice of Pakistan Qazi Faez Isa, who is also chairman of SJC, and comprises the two most senior judges of the Supreme Court – Justice Sardar Tariq Masood, and Justice Syed Mansoor Ali Shah, and – Lahore High Court Chief Justice Muhammad Ameer Bhatti and Balochistan High Court Chief Justice Naeem Afghan, on Thursday, heard the complaints against former SC judge in Courtroom No1 in open court as the former judge had asked the Council that his case be heard in open court.
Secretary SJC informed that Justice Naqvi has sent his resignation to the President (Dr Arif Alvi), which he accepted and notified.
The Chairman Council Justice Faez questioned in view of the resignation of Justice Naqvi can the SJC proceeding continue? Attorney General for Pakistan, who is appointed prosecutor in this matter, said that Article 209 (5) and (6) stipulate that once the SJC has taken cognizance it has to give a finding and such provisions do not envisage the resignation.
In this case, the SJC convened repeatedly, show-cause was issued to him twice and he then filed a comprehensive reply of the show-cause, and denied the allegations. The attorney general said though the judge has tendered resignation, that does not mean he accepted the allegations, and on the other hand, if the judge is found guilty of misconduct then citizens are deprived to know about it.
The Council members noted that time and money are spent on the hearings. It said that in the last hearing, it was decided that the next hearing of the Council would be on January 11, adding the witnesses were present before the Council.
The attorney general also drew the attention of the Council towards a judgment by a two-judge bench, which comprised Justice Ijazul Ahsan and Justice Munib Akhtar, passed in June 2023, in Afia Sherbano case. He submitted that though the facts have not been mentioned in the judgment, the complaint in SJC was against ex-CJP Saqib Nisar.
Copyright Business Recorder, 2024