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Friday March 29, 2024

Assets beyond means, misconduct: Another complaint filed against SC judge in SJC

By Sohail Khan
March 22, 2023

ISLAMAABAD: Another misconduct complaint was filed in the Supreme Judicial Council (SJC) against Justice Mazahar Ali Akbar Naqvi, judge of the Supreme Court.

Advocate Ghulam Murtaza Khan filed a complaint with the SJC by submitting that Justice Naqvi’s conduct was unbecoming of a judge and he was guilty of misconduct within the meaning of Sub-Clause (b) of Clause (5) of Article 209 of the Constitution, read with Rule 3(l)(i) of the SJC Procedure of Enquiry 2005.

He prayed that the SJC may kindly conduct an inquiry into the matters.

Last month, Advocate Mian Dawood had filed a reference against Justice Naqvi in the SJC for possessing assets beyond means.

He informed the SJC that Justice Naqvi had purchased two plots, measuring one kanal each, in the Federal Government Employees Housing Society and one plot in the Supreme Court Housing Society, Islamabad.

He said that Justice Naqvi purchased the plots for Rs7 million whereas the market value of the plots was Rs38 million.

“It is quite implausible as to how has Justice Naqvi been able to purchase these properties at less than 20% of their current market value,” the complainant submitted.

He also said that the SC judge had purchased a residential apartment in the Federal Government Employees Housing Society, Islamabad, measuring 2,900 sq ft for Rs1.5 million.

He said that the market value of the apartment was Rs15 million, adding that it was quite inexplicable and out of the ordinary that Justice Naqvi had been able to strike such a bargain.

He further submitted that in June 2021, Justice Naqvi purchased a house in Lahore measuring two (2) kanal and four (4) marla situated at No144, Block F/1, Gulberg III, Lahore against the purchase price of Rs44.49 million, which was not the correct value of the property.

“However and even if the aforesaid amount is taken to be the correct value of the aforesaid property, Justice Naqvi’s most recent cash inflow, at the relevant time, was largely limited to the house sold in Gujranwala at Rs18.07 million, as is evident from the documents appended as Mark C,” he said.

There was no other source of income that could potentially explain Justice Naqvi raising the additional amount required to purchase a 2 kanal and 4 marla house in one of the most expensive areas of Lahore, the complainant submitted.

He said that Zahid Rafique, who is developing a housing/commercial project in Lahore, namely, Lahore Smart City, has given four (4) marla commercial plots each to Justice Naqvi’s sons, namely, Syed Tassaddaq Mustafa Naqvi and Syed Tassaddaq Murtaza Naqvi, at 10 percent of the offering price.

He said that the offering price for both plots, at the relevant time, was Rs17.90 million and fair market value was more than Rs30 million. However, Zahid Rafique gave these plots away to Justice Naqvi’s sons for a mere Rs1.8 million.

“In addition to the aforesaid commercial plots, Syed Tassaddaq Mustafa Naqvi was given a one kanal residential plot with an offering value of Rs5.4 million for Rs0.54 million i.e. just 10% of the offering value,” he said adding that Raja Safdar was the linchpin in brokering the deal.

To protect the business interests of Zahid Rafique and Raja Safdar, and in turn gain financial benefits from them, Justice Naqvi used his influence and position as a Judge of the Supreme Court and secured postings and transfers of various assistant commissioners, ADCRs, station house officers (SHOs), DSPs and judicial officers, etc.

The total number of postings and transfers that Justice Naqvi has secured/influenced comes to a whopping 60 postings/transfers, he submitted, adding that Justice Naqvi influenced the appointment of Raja Safdar’s brother (Muhammad Arif Khan) as Chairman, Zakat & Ushr Committee, District Toba Tek Singh. This was managed by Justice Naqvi through Muhammad Khan Bhatti, the then principal secretary to the Punjab chief minister, the complainant maintained.

He further submitted that Justice Naqvi has continuously misused his office to influence the legal practice of his sons, who run their law practice under the name of Naqvi & Co in Lahore.

The complainant alleged that Justice Naqvi has misused his office by securing enlistment of his sons on the panels of various government departments and organisations such as the Federal Board of Revenue, National Highway Authority, etc.

Moreover, Justice Naqvi is known to reach out to the judges of the High Court seeking their indulgence and a favourable outcome in cases which his sons have or are conducting in the high courts.