Justice Mazahar Ali Naqvi, who had resigned from the top court of Pakistan, has been declared guilty of misconduct by the Supreme Judicial Council.
The decision comes after the Supreme Court declined to halt proceedings initiated by the Supreme Judicial Council (SJC) against Justice Naqvi, citing that a stay couldn’t be granted without a hearing on the case’s merits.
In a letter addressed to President Arif Alvi, Justice Naqvi had expressed his gratitude for the honor of serving on the Lahore High Court and later the Supreme Court of Pakistan. However, he stated, “Given the public knowledge and, to some extent, public record regarding recent circumstances, I find it untenable to continue as a Supreme Court Judge. Due process considerations also lead me to this decision.”
The SJC proceedings against Naqvi were initiated following a show cause notice, accusing him of bench manipulation and financial misconduct, filed last October by the Pakistan Bar Council, advocate Mian Dawood, and others.
Justice Mazahar Ali Naqvi and previous SJC Proceedings
Justice Mazahar Ali Naqvi previously objected to the SJC proceedings, calling for the Chief Justice of Pakistan (CJP) Qazi Faez Isa and two other judges to recuse themselves from the case. He contested the proceedings on November 20, asserting that the initiation lacked lawful authority.
Following this, a second show cause notice was issued on November 22, demanding a detailed response regarding the allegations against him. On January 4, Justice Naqvi petitioned the apex court, denouncing the misconduct complaints as a direct assault on judicial independence under Article 184(3) of the Constitution.
In a reference filed against Justice Naqvi on February 23, 2023, in the Supreme Judicial Council, allegations of having assets beyond means were raised by lawyer Mian Dawood. The reference accused Justice Mazahar Ali Naqvi of violating the Code of Conduct for judges, accusing him of malpractices and misuse of power.
The SJC declared him guilty of misconduct on March 7, 2024, recommending his dismissal to the president.
https://www.theopinion.com.pk/justice-ijazul-hasan-resigns-as-supreme-court-judge/
Also last month, Justice Ijazul Ahsan – another senior judge of Pakistan’s top court – had stepped down from his position.
Justice Ijazul Ahsan had previously raised concerns about the proceedings of the Supreme Judicial Council (SJC) about complaints filed against Justice Naqvi. In a 4-page opinion, he expressed his disagreement with the majority verdict to issue show cause notices to Naqvi. He criticized the undue haste and lack of discussion in the council’s proceedings.
As the second most senior judge in the Supreme Court, Justice Ahsan was expected to become the next Chief Justice of Pakistan following the retirement of the incumbent CJP Qazi Faez Isa. However, in his resignation letter, Justice Ahsan stated that he no longer wished to continue as a judge of the Supreme Court of Pakistan.
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