ISLAMABAD – Supreme Court’s Justice Mazahar Ali Akbar Naqvi filed a petition in the apex court against proceedings being conducted against him in the Supreme Judicial Council (SJC) on misconduct complaints.
The petition comes as the SJC is set to meet today (Monday) to resume hearing on the complaints. The judge termed the complaints against him a direct attack on the independence of judiciary.
Challenging the Oct 27 show-cause notice, Justice Naqvi alleged the council of subjecting him to a “media trial” in order to ridicule him in public.
On Friday, Chief Justice of Pakistan (CJP) Qazi Faez Isa had summoned the SJC meeting today (Monday) to review the complaints against Justices Sayyed Mazahir Ali Akbar Naqvi and Sardar Tariq Masood.
“These are violative of and inconsistent with the right to access to justice guaranteed under Articles 4, 9 and 10A of the Constitution,” it read, adding that Justice Naqvi reserves the right to “urge further grounds and submit additional material in support thereof at the time of hearing”.
He termed the complaints against him are “mala fide and non-est”.
“The proceedings of the SJC and the SCN are without jurisdiction, coram non judice and void ab initio. These are without lawful authority and of no legal effect,” the peition read.
Justice Naqvi asked the following questions in his petition:
1. Whether the very initiation of the proceedings by the SJC and the show-cause notice are without lawful authority, of no legal effect and in violation of Article 209 of the Consitution and the Rules as well as the legal and constitutional rights of the petitioner?
2. Whether the SCN and the hearing notice fulfil the legal and constitutional requirements as laid down by the SC?
3. Whether the proceedings by the SJC and the SCN violate the principles of natural justice, due process and fair trial?
4. Whether the proceedings of the SJC were initiated and conducted in a manner ex facie discriminatory and these, therefore, inter alia, violate Articles 4, 10A, 14 and 25 of the Constitution?
5. Whether participation of the CJP Isa, Senior Puisne Judge Sardar Tariq Masood and Balochistan High Court Chief Justice Naeem Akhtar Afghan in the proceedings of the SJC resulting in the show cause notice being issued to the petitioner make all orders passed in such proceedings as without lawful authority and of no legal effect?
6. Whether any declared asset be made basis to proceed against a judge in a complaint by a person who is an alien to the alleged transaction when no notice or proceeding has been initiated by the registering or taxation authority?
Justice Naqvi maintained that a complaint cannot be field against a judge on the basis of the declared assets.
He urged the top court to declare the proceedings by the SJC unlawful and quash it. He has also sought relief from the top court, as it may deem fit and proper.
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