QUETTA/ISLAMABAD: In a fifth complaint against a sitting apex court judge, the Supreme Judicial Council (SJC) has been requested by the Balochistan Bar Council to initiate inquiry into allegations against Justice Mazahar Ali Naqvi and remove him from the office if the charges against him were proven, in order to restore people’s trust in the judiciary.

Also on Monday, Justice Qazi Faez Isa and Justice Sardar Tariq Masood of the Supreme Court invited attention of Chief Justice of Pakistan Umar Ata Bandial to convene an SJC meeting to determine if there is any substance in any of the several complaints filed against the sitting judge.

In a one-page letter addressed to other SJC members namely the CJP, Sindh High Court Chief Justice Ahmed Ali M. Sheikh and Lahore High Court Chief Justice Mohammad Ameer Bhatti, the top court judges recalled that written complaints including one by the Pakistan Bar Council had been filed before the SJC over alleged misconduct and financial impropriety by the sitting judge. To leave the matter under a cloud of uncertainty undermines the judiciary’s repute, the letter highlighted, adding that it was constitutional duty of the council to inquire into the allegations.

The reference

The bar council moved the reference against the SC judge under Article 209 of the Constitution, read with Section 5(1) of the Sup­reme Judicial Council Procedure of Inquiry, 2005, over misconduct.

Balochistan bar files reference against SC judge

The reference filed by Baloch­is­tan Bar Council executive committee member Qasim Ali Gajizai and judicial committee member Rahib Khan Buledi stated that the applicant being legal statutory body of Balochistan having knowledge information of complaint against the judge is under obligation to approach the judicial council seeking proceedings against the respondent under the law.

The bar council said it was the prime duty of judge of the apex court that where information of complaint had ever been received he submitted himself for accountability to clear his impartiality. After the audio leak, it stated, the judge himself had to submit for im­­p­eachment or accountability, but the respondent was reluctant to do so.

It said their complaint is based on certain information about the respondent, which included audio leak about how former chief minister of Punjab Parvez Elahi insisted for fixation of a high-profile political case before selected bench; allegation of having assets beyond his source of income; concealment of property and their actual value — 3.6-kanal land in Lahore Cantt, 2-kanal plot in Gulberg-III, one-kanal plot in the Federal Government Employees Housing Foundation, Islamabad, 2,900sq-feet apartment in the same scheme in Islamabad, one-kanal plot in SCBAP and Allied Plaza in Gujranwala.

Also, the bar council added, it had come into the knowledge of the petitioner that the two sons of the respondent judge were practising lawyers in Lahore and the respondent was allegedly patronising their illegal practice by misusing his authority. It was learnt that his sons were approached for high-profile cases, not because of their practice, but to get favorable decision by using the power of respondent illegally.

All such evidence and circumstances damaged the reputation of respondent and made him liable to be impeached and prosecuted before the SJC.

The bar council demanded proceedings against the judge as per the rules, adding that such a matter was necessary to be clarified as voices were being raised against the judiciary in public.

Published in Dawn, April 4th, 2023