Flawed accountability system of judges protects corruption

ISLAMABAD: Justice Sayyed Mazahar Ali Akbar Naqvi’s resignation as judge of the Supreme Court will allow him to retire with full pensionary benefits without any sort of accountability on the alleged corruption charges he was facing before the Supreme Judicial Council.

This is a perfect case of superior judiciary’s flawed accountability system, which instead of doing the accountability of a judge facing corruption or misconduct charges, allows such an individual to resign in order to enjoy both the alleged corruption money and pensionary benefits without any fear of being asked for wrongdoings ever again.

A few years back, a Lahore High Court (LHC) judge had escaped accountability while opting to resign, just two days before he was scheduled to appear before the Supreme Judicial Council in connection with a corruption reference.

According to media reports, a massive bank transaction in the name of the judge’s driver was unearthed. It was allegedly on the judge’s behalf, which prompted the investigation. Similarly, a judge of the Islamabad High Court had opted to retire instead of facing the Supreme Judicial Council in an alleged case of illegal appointments.

Instead of addressing the flawed accountability system for the judges, the Supreme Court in June 2023 also held that Article 209 — which deals with the removal of a superior court judge on account of misconduct — does not apply to a person who has retired or resigned from the office of a judge of the apex court or a high court.

On the logic of the proposition such a complaint (against alleged misconduct of a superior court judge) could conceivably be filed even years after the retirement or resignation.

The SC had dismissed a constitution petition filed by civil society members seeking guidelines to the Supreme Judicial Council (SJC), the constitutional forum that can hold judges of superior court accountable. The verdict said the Constitution draws a distinction between a person who, at the relevant time, holds office as a judge and the one, who, having held that office in the past, does not. It said Article 209 applies only to the former and not the latter. The SJC, on October 27 last year, issued a show cause notice to Justice Naqvi amid various complaints alleging bench manipulation and financial misconduct by the SC judge. Pakistan Bar Council, advocate Mian Dawood and others had filed complaints against the Supreme Court judge.