SJC meeting summoned to take up reference against Justice Mazahar Naqvi

 

Chief Justice of Pakistan, Justice Qazi Faez Isa has summoned a meeting of the Supreme Judicial Council on November 20, reported 24NewsHD TV channel on Tuesday.

The meeting will look into the reference against Supreme Court Justice Mazahir Ali Akbar Naqvi.

The SJC has called the people who filed the reference on November 20.

A show-cause notice was issued to Justice Naqvi by the SJC.

Justice Naqvi raised objections to the action of the Supreme Judicial Council in his reply.

In his reply submitted to the SJC on Nov 10, Justice Naqvi raised objections to the inclusion of three judges including CJP Isa in the Supreme Judicial Council which will hear references against him

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

In his reply, 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