ISLAMABAD - TERENCE J SIGAMONY - The Supreme Court will hear Justice Mazhar Ali Naqvi’s petition against the Supreme Judicial Council in the open court.

The accused judge counsel Raza Kazim on Monday appeared before Justice Amir Hani Muslim in his chamber, argued that the misconduct has to be proved through facts and not mere assumptions.

The allegations levelled against his client are based on his judgments, which he had delivered over a period of time, he said adding the allegations against a judge needed a serious direct evidence, but in this case inferences were drawn.

Justice Mazhar’s petition raised some fundamental questions. It said on the basis of mere inferences the judges of superior court could not be penalized. There are allegations against Justice Mazhar Ali that he was found of misconduct under Article 209 (5) of Constitution.

The sources said after hearing the arguments, Justice Amir decided to hear the matter in the court the office was directed to fix the case in the open court.

It would be second time that the Supreme Court would take up the accused judge’s petition against the Supreme Judicial Council. Former Chief Justice Iftikhar Muhammad Chaudhry has also challenged the SJC reference in the apex court, which had decided the matter in his favour.

The SJC served a show-cause notice on the LHC judge on April 19 under sub-para (1) of para 9 of the SJC’s Procedure of Enquiry, 2005, for an alleged misconduct. The council directed the judge to submit a reply within 14 days.

The LHC judge filed a constitutional petition in the top court against the SJC’s notice and all proceedings that led up to the council’s action. But the SC registrar returned the petition on May 3 after raising four objections over the plea.

Justice Naqvi has also sought interpretation and enforcement of Articles 2-A, 4, 9, 10-A, 19, 25, 209, 210 and 211 of the constitution. The judge further argues that the maintainability of his petition is a question which only a court of law can adjudicate upon once it is seized of the matter.