Justice Mazahar Naqvi opposes CJP, other judges’ inclusion in SJC hearing references against him

Supreme Court judge Justice Mazahar Ali Akbar Naqvi has raised objections to the inclusion of three judges including Chief Justice of Pakistan, Justice Qazi Faez Isa in the Supreme Judicial Council which will hear references against him, reported 24NewsHD TV channel.

There are as many as ten references against Justice Naqvi in the Supreme Judicial Council.

Justice Naqvi today raised objections to the formation of the SJC.

Sources said that the judge on Friday submitted his 14-page reply to the SJC show-cause notice in which he objected to the inclusion of Chief Justice Qazi Faez Isa, Justice Sardar Tariq Masood and Justice Naeem Akhtar Afghan in the Judicial Council.

Sources said that Justice Naqvi also sought copies of references and evidences against him from the SJC

Justice Naqvi took the position that in the Justice Qazi Faez Isa case, the Supreme Court declared that fair trial is the right of every judge. He said that the show-cause notice served by the SJC on him negated his basic rights. He said that the press release of the SJC proceedings was released without seeking his opinion which affected his basic rights.

The judge said that the SJC could not take action against any judge unless there is a unanimous decision. The SJC does not have the jurisdiction to take action against any judge with a majority decision.

“Chief Justice Qazi Faez Isa and Justice Tariq Masood have given their opinion declaring the rules of the council unconstitutional. The council has sent me a show-cause notice without verifying the allegations levelled against me. They have not examined the evidence against me in the council meeting,” Justice Naqvi stated.

He said that during his appointment as Supreme Court judge, Justice Isa opposed his appointment in the Judicial Commission due to the Musharraf case decision. On April 3, 2023, Chief Justice Isa and Justice Masood wrote a letter to former chief justice Umar Ata Bandial calling upon him to initiate an action against him. “An alleged audio featuring me was also referred to in the complaints but the purported audio was never verified,” he said.

Justice Mazahar took a stance that a commission was formed for the alleged audios, which included Chief Justice Isa and Justice Naeem Akhtar Afghan, both honorable judges should not hear complaints against him. He further said that Justice Sardar Tariq Masood deliberately made a delay in giving his opinion regarding complaints against him.

During the open court hearing of the reference against Justice Isa, objection was raised on the inclusion of Justice Sardar Tariq Masood and Justice Ijazul Ahsan and both judges separated from the bench.

He said that all the allegations leveled against him are baseless and fabricated. “I am paralyzed due to lack of access to complaints and other materials, complete records should be provided to me, the complaints sent against me to the Judicial Council are for political purposes. The complaints against me lack transparency and are illegal,” he maintained.

Justice Naqvi went on to say, “The members of the Supreme Judicial Council are biased towards me. Justice Isa and Justice Naeem Akhtar Afghan are part of the Audio Leaks Inquiry Commission, which was formed to investigate the audio leaks and the complaints against me. In keeping with the demands of justice, Chief Justice Qazi Faez Isa and Justice Naeem Akhtar Afghan, the members of the Audio Leaks Inquiry Commission, should not be part of the judicial council formed against me. The show-cause notice of the SJC is also biased which cannot be answered.”

 

Reporter Amanat Gishkori