ISLAMABAD: A sitting judge of the Supreme Court facing complaints before the Supreme Judicial Council (SJC) has expressed the apprehension that he might not get justice or may face discrimination contrary to what the law requires.
In a letter to Chief Justice of Pakistan (CJP), who heads the SJC, a constitutional body which probes allegations of misconduct of a superior court judge, Justice Sayyed Mazahar Ali Akbar Naqvi expressed the fear that delay in formulating the opinion on the fate of a number of complaints by a member of the SJC was allegedly deliberate and by design.
On May 29, the CJP sought the opinion of Justice Sardar Tariq Masood on complaints moved against the SC judge. The complaints accused Justice Naqvi of allegedly violating the Code of Conduct for judges and thus committing misconduct.
An informed source told Dawn that the letter was written by Justice Naqvi almost a month ago in which apprehensions were expressed that delay in deciding the fate of the complaints, was creating doubts that the judge may not get justice.
The source said financial transactions, including the purchase of properties being alleged against the judge, were all in order and could be accounted for any time.
When a complaint or information is received by the SJC, it is always referred to a member of the council before initiating any formal proceedings of the judicial council to ascertain whether it was a fit case to be proceeded or not. Justice Masood is also a member of the five-man SJC.
It is the responsibility of the judge to whom the matter has been referred to form the opinion about the fate of the complaints as early as possible, preferably within a period of 14 days. Moreover, in case of an adverse opinion the respondent judge is also given an opportunity to defend himself within a fortnight.
But despite a period of several months, the judge concerned has not formed his opinion on the complaints, the letter said, adding that the secretary of the SJC was seized with a number of complaints but only Justice Naqvi was being discriminated against and targeted.
The complaints accused Justice Naqvi of managing and legalising his income through the sale of properties or allegedly maneuvering by revising his 2021 tax returns multiple times in an attempt to justify his income.
Published in Dawn, August 4th, 2023
