ISLAMABAD: Amid a divide within the Public Accounts Committee over the parliamentary scrutiny of apex court judges, PAC Chairman Noor Alam Khan on Monday sought details of the assets and tax returns of Justice Mazahar Ali Akbar Naqvi.

The PAC chairman sought record of tax returns, wealth statement, plots and agricultural land of the top court judge.

The deputy speaker had referred the matter to the PAC for investigation and audit under Rule 199 of the Rules of Procedure and Conduct of Business in the National Assembly 2007 with the directive to complete the task within 15 days. The matter was referred after former NA speaker Sardar Ayaz Sadiq demanded that PAC should take it up to find out sources of the judge’s income “to purchase a plot worth over Rs100 million and carrying out construction on it”. Besides conducting special audit of the matter, he said, tax details of the judge be also sought from the FBR.

During the Monday proceedings of PAC, PTI Senator Mohsin Aziz Khan questioned the parliamentary committee’s jurisdiction to probe the assets of a serving judge. Opposing the move, he suggested that the government should mend its ties with the judiciary instead.

Members split over scrutiny of individual cases

Calling the matter ‘very sensitive’, PAC member Shahida Akhtar Ali suggested that the committee must exercise utmost care.

PML-N lawmakers Barjees Tahir and Sheikh Rohale Asghar, however, recommended a thorough probe against the judge.

On the other hand, Mushahid Hussain Syed, who is also a PML-N lawmaker, reportedly said the government should not repeat the same mistake committed by the previous PTI regime that had moved a reference against Justice Qazi Faez Isa which had backfired. He said they should simply follow the Constitution instead of setting wrong precedents.

PTI legislator Dr Ramesh Kumar said he had already discussed the matter with the PAC members and some of them were of the opinion that taking up individual cases did not fall in their domain. However, several members in the 28-member committee believed they could take up the matter, since it was related to the financial benefits that the judges were availing through the national exchequer, he added.

Separately, Senator Mian Raza Rabbani in a statement opposed scrutiny of judge by a parliamentary panel.

“The PAC will be out of [its] jurisdiction if it inquires into the matter of the wealth of an individual judge of the Supreme Court. Other matters related to finances of the institution of the SC may be taken up by the PAC,” Senator Rabbani said.

He said parliament had for long abdicated its rights to the judiciary and executive, and must stand up to defend its territory and guard its constitutional rights. The present intra-institutional crisis required an institutional dialogue. The parliament should take the lead, he added.

Published in Dawn, May 9th, 2023