Apex Court
ISLAMABAD: Justice Sayyed Mazahar Ali Akbar Naqvi has once again turned to the Supreme Court, indicating his determination to pursue his constitutional petition seeking to annul the revised show-cause notice issued by the Supreme Judicial Council (SJC). The latest application was prompted by a November 30 notice from the registrar’s office, inquiring whether Justice Naqvi intends to proceed with the petition before the court.
The SJC had earlier issued a revised show-cause notice to Justice Naqvi on November 22, directing him to present his defense within a fortnight. Subsequently, Justice Naqvi challenged the notice in the Supreme Court.
In response to the registrar office’s fresh notice, Justice Naqvi argued that the notice exceeded the authority granted by the Supreme Court Rules, 1980, and the Supreme Court (Practice and Procedure) Act, 2023. He contended that the registrar lacks jurisdiction to inquire about the respondent judge’s intent to pursue a case, asserting that the notice is without legal effect.
Justice Naqvi has requested the Supreme Court to withdraw the fresh notice and place his constitutional petitions before the committee established under Section 2 of the Supreme Court (Practice and Procedure) Act 2023 for appropriate orders. The application emphasized that the constitutional petitions involve questions of public importance related to the enforcement of fundamental rights, necessitating the interpretation of various constitutional provisions.
Furthermore, the application argued that the registrar lacks authority under the 2023 Act to determine the maintainability of petitions under Article 184(3) of the Constitution. It asserted that the decision on petition maintainability is the prerogative of a bench of the apex court, not the registrar.
Simultaneously, Lahore-based lawyer Mian Dawood, one of the complainants against Justice Naqvi, has filed an application before the SJC, requesting that Justice Ijazul Ahsan recuse himself from the case due to differing opinions on the issuance of the show-cause notice and its revision to Justice Naqvi.
