SJC issues ‘intimation notice’ to Justice Naqvi

ISLAMABAD  –  The Supreme Judicial Council (SJC) Thursday issued ‘intimation notice’ to Justice Sayyed Mazahar Ali Akbar Naqvi, who has tendered his resignation to the President of Pakistan.

Justice Ijaz ul Ahsan, who is member of the Council for being third most se­nior judge of the SC, declined to sit in the SJC proceedings. Therefore, Justice Mansoor, the most senior judge follow­ing Justice Ijaz, was called to be part of the Council’s proceedings.

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 Supreme Ju­dicial Council, and com­prises 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 conducted hearing of the complaints against the former SC judge.

The Secretary SJC in­formed that Justice Naqvi has sent his resignation to the President (Dr Arif Alvi), which he accept­ed and notified. Chair­man of the Council Justice Faez questioned that in view of the resignation of Justice Naqvi, can the SJC proceedings continue? 

The Attorney General for Pakistan, who is ap­pointed prosecutor in this matter, told that Ar­ticle 209 (5) & (6) stip­ulates that once the SJC has taken the cognizance it has to give 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.

The Council members noted that time and mon­ey is spent on the hear­ings. It said that in the last hearing it was decid­ed that the next hearing of the Council will be on January 11, adding that the witnesses were pres­ent before the Council. The strength of self-real­izing and correcting come when the confidence is lost, then the judgment become mere a piece of paper and attacked on.

“In the circumstanc­es which are a matter of public knowledge and to some extent public re­cord, it is no longer pos­sible for me to continue to serve as a judge of the Supreme Court of Paki­stan.” “Considerations of due process also compel. I, therefore, effective to­day (January 10, 2024), resign as judge of the Su­preme Court of Pakistan,” Justice Naqvi said in his resignation.

The attorney gener­al drew the attention of the Council towards a judgment by a two-judge bench, which comprised Justice Ijaz ul 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, but complaint in SJC was against ex-CJP Saqib Nisar. He informed that the complaint was not attended till his (ex-CJP Saqib) retirement and the complaint wanted to know about his petition, which was filed in 2020, but decided in June 2023. At relevant Justice Saqib Nisar had retired. The Di­vision Bench of SC over­looked that the Supreme Court (Practice and Pro­cedure) Act, 2023 had been enacted 21st April, 2023, he said, and added that when a constitution­al petition is filed before the Supreme Court then it is placed before a Com­mittee, constituted under the Act. He further said that the petition must have heard by a three-judge bench. Later, the bench deferred the hear­ing of the case till today.