ISLAMABAD: Even after the resignation of Justice Sayyed Mazahar Ali Akbar Naqvi from the Supreme Court, the Supreme Judicial Council (SJC) on Thursday decided to continue with its proceedings against the former judge, facing allegations of misconduct.
The SJC also decided to hear Justice Naqvi, saying if the judge wanted to address the council directly or through his counsel Khawaja Haris Ahmed, then he may do so on Friday (today).
But in case the former judge sought time, then SJC will proceed by recording the testimony of witnesses who were also in attendance and whom the council had summoned, the order dictated by Chief Justice Qazi Faez Isa said. Justice Isa said it was necessary to remove the misperception that the institution of the judiciary was above the law.
During the proceedings, Attorney General for Pakistan (AGP) Mansoor Usman Awan explained that Article 209(5)(6) stipulated that once the SJC “takes cognisance of the matter, it has to give its findings”. These provisions did not envisage tendering of resignation by a judge.
In the present case, the SJC, which was seized with 10 complaints against the judge, had convened repeatedly and issued a show-cause notice (SCN). Even the respondent judge had sought time and later filed a comprehensive reply denying the allegations.
Even if the judge tendered his resignation under pressure, it did not mean that he had accepted the allegations, which could be false, the AGP contended. On the other hand, even if the judge was found guilty of misconduct, the citizens were entitled to know about the real facts, especially when notices had already been issued to the witnesses — a number of them were in attendance also in Courtroom No. 1.
“If left unattended and if allegations are found altogether false, then not only the reputation of the apex court but of the entire judiciary will unnecessarily be sullied,” the CJP observed. Justice Isa said that the strength of the institution was in self-regulation and correcting its course.
During the proceedings, it was said that in case allegations proved baseless, then there would be action against complainants. The complainants responded that they were ready to face the consequences of their actions.
The AGP also drew the attention of the SJC towards the 2023 Afiya Shehrbano Zia case, saying though the facts of the case did not mention anything, he found out the case pertained to former chief justice Saqib Nisar.
“The case was not attended to until the retirement of Saqib Nisar,” the AGP said, adding the petition was filed in 2020 and decided on June 27, 2023. At the time, the Supreme Court (Practice and Procedure) Act 2023 had been enacted but the division bench of the apex court decided the matter while overlooking this fact.
The law, which was enacted on April 21, 2023, requires that any petition under Article 184(3) of the Constitution will be decided by a bench not less than three judges. The division bench should have waited for the outcome of the full court of 15 judges which had taken up the vires of the act.
Moreover, the division bench also dismissed the matter in limine without issuing any notice to the AGP for getting any proper assistance. Justice Syed Mansoor Ali Shah also observed that the mere resignation of a judge will not abate the proceedings before the council.
The individual judge may have tendered his resignation under pressure but the council should continue with the job to decide one way or the other since public institutions should always be responsible, the CJP observed.
Published in Dawn, January 12th, 2024
