ISLAMABAD: Supreme Court (SC) judge Justice Mazahar Ali Akbar Naqvi expressed concerns on Friday about the inclusion of three judges, including the Chief Justice of Pakistan, Justice Qazi Faez Isa, in the council that will adjudicate on the references against him.
In a 14-page reply to the Supreme Judicial Council’s (SJC) show-cause notice, Justice Naqvi objected to the presence of Chief Justice Qazi Faez Isa, Justice Sardar Tariq Masood, and Justice Naeem Akhtar Afghan in the Judicial Council. He argued that the SJC proceedings, including the release of a press statement, occurred without seeking his opinion, impacting his basic rights.
Justice Naqvi pointed out that a fair trial, as declared by the Supreme Court in the Justice Qazi Faez Isa case, should apply to every judge, and the SJC’s actions contradicted his fundamental rights. He emphasized that the SJC could only take action against a judge with a unanimous decision, challenging the jurisdiction to proceed with a majority decision.
Accusing Chief Justice Isa and Justice Tariq Masood of deeming the council’s rules unconstitutional, Justice Naqvi claimed that the SJC issued a show-cause notice without verifying the allegations and evidence against him during council meetings.
Highlighting a history of opposition to his appointment, Justice Naqvi stated that Justice Isa and Justice Masood had written a letter urging former Chief Justice Umar Ata Bandial to take action against him. He also noted a delay by Justice Tariq Masood in providing an opinion on complaints against him.
Justice Naqvi argued that the allegations against him were baseless, demanding complete records and transparency in the proceedings. He further contended that members of the SJC, including Justice Isa and Justice Naeem Akhtar Afghan, who were part of the Audio Leaks Inquiry Commission, should not be involved in the council formed against him due to potential bias.
Concluding his objections, Justice Naqvi asserted that the show-cause notice from the SJC was biased and lacked the fairness required for a proper response.
