Despite the resignation of Justice Sayyed Mazahar Ali Akbar Naqvi from the Supreme Court, the Supreme Judicial Council (SJC) has opted to proceed with its inquiry into allegations of misconduct against the former judge.
The council, led by Chief Justice Qazi Faez Isa, has decided to extend an opportunity for Justice Naqvi to address the council directly or through his counsel, Khawaja Haris Ahmed, on the following day. If the former judge requests more time, the SJC will proceed by recording the testimony of summoned witnesses who were present during the proceedings.
Chief Justice Isa emphasized the need to dispel any misperception that the judiciary is above the law, stating that it is crucial to address the allegations against Justice Naqvi. The Attorney General for Pakistan, Mansoor Usman Awan, pointed out that Article 209(5)(6) dictates that once the SJC takes cognizance of a matter, it must provide its findings, and the resignation of a judge is not anticipated by these provisions.
In this case, the SJC, dealing with 10 complaints against Justice Naqvi, has issued show-cause notices and received a comprehensive denial of allegations from the respondent judge. The AGP argued that even if the resignation was submitted under duress, it doesn’t imply guilt, and the truth of the allegations should be determined. Chief Justice Isa emphasized the importance of self-regulation within the judiciary to maintain its strength and integrity.
During the proceedings, it was discussed that if the allegations were proven false, action might be taken against the complainants. The complainants expressed their readiness to face the consequences.
The AGP also drew attention to the 2023 Afiya Shehrbano Zia case, highlighting discrepancies in the handling of the case related to former Chief Justice Saqib Nisar. The CJP noted that the resignation of a judge doesn’t absolve the council of its responsibility to reach a verdict in the proceedings.
