ISLAMABAD: The Supreme Judicial Council (SJC) of Pakistan conducted an open hearing on Thursday for Justice Sayyed Mazahar Ali Akbar Naqvi, who faces ten allegations of misconduct, directing him to submit a reply to the show-cause notice by Jan 1.
Chief Justice Qazi Faez Isa, who presided over the five-member council in Courtroom No. 1, acknowledged that overseeing such proceedings was always a painful duty to perform.
The open hearing, held at Justice Naqvi’s request, marked a departure from the usual in-camera proceedings meant to protect judges’ reputations.
The SJC also granted ample time to Justice Naqvi to reply to a Nov 22 show-cause notice, but clarified that no further request for adjournment would be accepted at the next hearing.
Supreme Judicial Council holds open hearing against SC judge at his request
A three-judge Supreme Court bench, headed by Justice Amin-ud-Din Khan, is set to review on Friday (today) a constitutional petition filed by Justice Naqvi challenging the show-cause notice.
After the Nov 22 show-cause, the SJC asked Justice Naqvi to submit his reply through his counsel, Khawaja Haris Ahmed, within 14 days. But no reply was filed until Thursday since the respondent judge needed certain documents to finalise a suitable response.
During the hearing, the counsel asked for a week, but the SJC extended the time until Jan 1.
However, the council is scheduled to meet again on Jan 11 and may continue its proceedings until Jan 13.
Justice Isa also observed that the SJC had allowed the counsel to represent the respondent judge, otherwise it was a case of misconduct where the fate of the judge was determined by his peers.
The SJC is a constitutional body where it is not necessary to afford the opportunity of engaging a counsel, the chief justice said.
The SJC also appointed Attorney General for Pakistan (AGP) Mansoor Usman Awan as a prosecutor, though
Mr Haris objected to the appointment on the grounds that since the Pakistan Bar Council (PBC) is also one of the complaints, the AGP should not prosecute Justice Naqvi for being a former PBC chairman.
The judicial council also ignored a request by Mr Haris to determine the locus standi (the right to appear in a court) of the complainants, observing that they had ‘disappeared’ after informing the SJC about the allegations.
The council instructed Mr Awan to submit a list of witnesses within three days.
Likewise, the respondent judge will also provide his list of witnesses in his defence along with his reply to the show-cause notice.
The list should also explain what evidence or testimony was required to be produced, the SJC said, adding that the witnesses would be summoned by the council on the next date of the hearing.
The council explained that if it found the reply by Justice Naqvi satisfactory, the proceedings against him might end, otherwise notices would be issued to the witnesses to get ready with their evidence.
Likewise, the complainants may also assist the AGP.
Published in Dawn, December 15th, 2023
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