Early hearing of reference against SC judge sought

ISLAMABAD: The Supreme Judicial Council (SJC) was requested on Monday to fix an early hearing of the reference of misconduct filed against apex court judge Justice Mazahir Ali Akbar Naqvi and to pray for not including the judge in any bench of the apex court till the final decision of the instant complaint.

Advocate Mian Dawood, who had filed a reference with the Supreme Judicial Council (SJC) on February 23 against Justice Mazhir Ali Akbar Naqvi, seeking his removal on misconduct, applied with the SJC requesting for an early fixation of the instant reference.

“I have sent through courier service on March 6 the application to Chief Justice Umer Ata Bandial, Chairman of the Supreme Judicial Council (SJC), and other members of council for an early hearing of his reference against the apex court judge,” Mian Dawood told The News.

Meanwhile, according to the copy of the application available with The News, Mian Dawood has also sent a copy of the reference along with documents to the Chief Justice of Pakistan, who is also the Chairman of the Supreme Judicial Council, other members of the Council, including Justice Qazi Faez Isa, Justice Sardar Tariq Masood, Sindh High Court Chief Justice Ahmed Ali Sheikh, and Chief Justice of the Peshawar High Court Qasier Rashid Khan.

The petitioner in his application submitted that instead of fixing his complaint of misconduct against Justice Naqvi for hearing, Chief Justice of Pakistan Justice Umer Ata Bnadial has not only made Justice Naqvi head of the apex court bench for the week commencing March 6, 2023 but also included the judge in his bench as well for hearing the cases that are against the principles of justice.

“With this act, a message has been sent to those who are working in Pakistan and across the globe for the rule of law and supremacy of the Constitution that you are openly supporting a judge against whom serious allegations, information, and proof of corruption have come to surface”, the petitioner stated in his application, adding that voices are being raised across the country for making the judge accountable for his misconduct.

The complainant prayed to the Chief Justice of Pakistan to fix an early hearing of his complaint filed against Justice Mazahir Ali Akbar Naqvi in the Supreme Judicial Council (SJC) and further requested that until the decision on the instant judicial complaint, Justice Naqvi should not either be included in any bench of the apex court or fix any case before him as well.

Advocate Mian Dawood had filed a reference against Justice Mazahir Ali Akbar Naqvi in the Supreme Judicial Council under Clause 5 of 209 of the Constitution for violating the Code of Conduct for Judges of the Supreme Court under clause 8 of Article 209 of the Constitution.

He had prayed to the Supreme Judicial Council (SJC) that an independent, detailed inquiry be initiated against Justice Mazahir Ali Akbar Naqvi by Sub-clause (b) of Clause 5 of Article 209 of the Constitution.

The complainant had submitted that the judge and his family members had been found involved in malpractices and misuse of power in a criminally designed pattern during his service”.

He had further submitted that the judge had used his position to facilitate his sons and daughter studying abroad and getting financial gains from Zahid Rafique. He had also cited the three audio clips in which former chief minister Pervaiz Elahi had personally approached the judge to handle the case of Muhammad Khan Bhatti, besides influencing the judge regarding the case of CCPO Lahore Ghulam Mahmood Dogar.

He had further submitted that Justice Mazahir Ali Akbar Naqvi was constructing a huge house in Lahore Cantt for which dozens of tonnes of steel had been provided by Zahid Rafique, and this information and fact were the talk of the town that multiple extensive postings and adjustments were facilitated using the influence of Justice Naqvi, and in return, he was compensated in the form of gold, foreign currencies, gifts, the share of a varied percentage in settlements of property-related cases (estimated benefits of approximately Rs 2 billion) by his various front men, including Zahid Rafique.