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SJC issues another show cause to Justice Naqvi

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ISLAMABAD: SJC issues another show cause to Justice Naqvi: On Wednesday, the Supreme Judicial Council (SJC) made a majority decision of four to one to issue another detailed show cause notice to Supreme Court judge Sayyed Mazahar Ali Akbar Naqvi, who is facing allegations of financial misconduct. The five-member council, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, concluded the remaining complaints against Justice Naqvi during their third consecutive day of meetings.

The SJC, which is authorized by the Constitution to hold judges of superior courts accountable, subsequently decided to issue Justice Naqvi another detailed show cause notice. According to sources familiar with the proceedings, the show cause notice was supported by four SJC members: CJP Isa, Justice Sardar Tariq Masood, Balochistan High Court (BHC) Chief Justice Naeem Akhtar Afghan, and Lahore High Court (LHC) Chief Justice Muhammad Ameer Bhatti.

Justice Ijazul Ahsan, who is next in line to become the chief justice, dissented from the majority order. The council directed Justice Naqvi to submit a written reply to the show cause notice within 14 days. In the previous session on October 27, the SJC had reviewed a total of 29 complaints filed against various judges. While 19 complaints were dismissed, Justice Naqvi was issued a show cause notice for the remaining 10, which alleged financial misconduct. The council had requested Naqvi’s response within 14 days through a majority vote.

Further, on November 10, Justice Naqvi submitted his response to the show cause notice. In his response, he accused three SJC members—Justice Isa, Justice Masood, and Justice Afghan—of bias and requested their recusal. Despite Justice Naqvi’s objections, the SJC scheduled a hearing for November 20 to review the complaints against him.

On the day of the SJC meeting, Monday, Justice Naqvi filed a petition in the Supreme Court, contesting the council proceedings. In the petition filed under Article 184 of the Constitution, he sought the nullification of the misconduct allegations against him, claiming they were “without lawful authority and of no legal effect.”

Represented by advocates Mukhdoom Ali Khan, Khawaja Haris, Ali Zafar, Latif Khosa, and Saad Hashmi, the petition listed the federation, the country’s president, and the SJC as respondents. Justice Naqvi argued that he had been targeted by a malicious campaign since February, with false and baseless allegations aired publicly, leading to a media trial. He asserted that these actions directly challenged judicial independence.

Citing the ruling in the Justice Qazi Faez Isa case, Naqvi contended that the initiated proceedings contradicted his fundamental constitutional rights and previous judgments of the Supreme Court. He criticized the SJC for releasing a press statement on October 27 without his consent, violating his rights, subjecting him to a media trial, and damaging his public image.

Justice Naqvi further objected to the SJC’s hearing notice issued on November 13, stating that it was issued without addressing his earlier legal and constitutional objections and without reconstituting the SJC, thereby breaching Article 209 of the Constitution and the SJC Procedure of Enquiry, 2005. He deemed the complaints against him malicious and invalid, asserting that the SJC’s actions lacked jurisdiction, rendering the proceedings void ab initio and without legal effect.

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