MISCONDUCT CHARGES.
ISLAMABAD - Justice Sayyed Mazahar Ali Akbar Naqvi Wednesday resigned as a judge of the Supreme Court saying that it was no longer possible for him to continue. Naqvi had been facing charges of misconduct and was embroiled in ongoing proceedings at the Supreme Judicial Council (SJC) in this regard. A day earlier, the apex court had turned down Justice Naqvi’s plea to halt the ongoing misconduct proceedings at the SJC.
Justice Naqvi tendered his resignation to President Dr. Arif Alvi, in which he wrote that it was an honour for him to serve as judge of the Lahore High Court and then the Supreme Court of Pakistan. “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,” said Naqvi in his resignation.
He added, “Considerations of due process also compel so. I, therefore, effective today resign as judge of the Supreme Court of Pakistan.”
A three-member bench of the apex court led by Justice Aminuddin Khan and comprising Justice Jamal Khan Mandokhail and Justice Musarrat Hilali was hearing Justice Naqvi’s petition against the show-cause notices issued by the SJC.
During the proceedings, Justice Mandokhail noted that Justice Naqvi, in his constitutional petition, contended that the complaints lodged against him at the SJC were based on mala fide intentions. At the last hearing of the case on Monday, the court had expressed wonder that Justice Naqvi had not arrayed the complainants as respondents.
Naqvi’s lawyer Makhdoom Ali Khan referred to Justice Qazi Faez Isa case, in which, according to him, the complainants were not named as respondents.
The SJC, on October 27 last year, had issued a show cause notice to Justice Naqvi amid various complaints alleging bench manipulation and financial misconduct by the SC judge. Pakistan Bar Council, advocate Mian Dawood and others had filed complaints against the Supreme Court judge. In his response, the Supreme Court judge raised issues with the inquiry and called for Chief Justice of Pakistan (CJP) Qazi Faez Isa and two other judges to recuse themselves from the matter.
On November 20, he contested the SJC proceedings and also challenged the show-cause notice issued to him by the council, saying the initiation of proceedings was coram non-judice and without lawful authority.
Subsequently, on November 22, a second show cause notice was served by the SJC, demanding a detailed response from the judge regarding the allegations raised by multiple petitioners. Justice Naqvi then on January 04 filed a petition in the apex court under Article 184(3) of the Constitution, terming the misconduct complaints filed against him a direct and blatant attack on the independence of the judiciary.