Islamabad (Web Desk): Supreme Court (SC) Judge Justice Sayyed Mazahar Ali Akbar Naqvi on Monday filed a petition in the top court against the Supreme Judicial's (SJC) proceeding of misconduct against him.
In his petition, Justice Naqvi said that that the malicious campaign against him and the consequent complaints were a direct and blatant attack on the independence of the judiciary.
"These are violative of and inconsistent with the right to access to justice guaranteed under Articles 4, 9 and 10A of the Constitution," it read, adding that Justice Naqvi reserves the right to "urge further grounds and submit additional material in support thereof at the time of hearing".
In the plea, the SC judge mentioned that the complaints against him are "mala fide and non-est".
The petition said that the proceedings of the SJC and the SCN are without jurisdiction, coram non judice and void ab initio. "These are without lawful authority and of no legal effect," it added.
The petitioner stated that these complaints give rise to the following question of public importance with reference to the enforcement of fundamental rights guaranteed under the Constitution.
In his plea, Justice Naqvi asked the following questions:
1. Whether the very initiation of the proceedings by the SJC and the show-cause notice are without lawful authority, of no legal effect and in violation of Article 209 of the Constitution and the Rules as well as the legal and constitutional rights of the petitioner?
2. Whether the SCN and the hearing notice fulfil the legal and constitutional requirements as laid down by the SC?
3. Whether the proceedings by the SJC and the SCN violate the principles of natural justice, due process and fair trial?
4. Whether the proceedings of the SJC were initiated and conducted in a manner ex facie discriminatory and these, therefore, inter alia, violate Articles 4, 10A, 14 and 25 of the Constitution?
5. Whether participation of the CJP Isa, Senior Puisne Judge Sardar Tariq Masood and Balochistan High Court Chief Justice Naeem Akhtar Afghan in the proceedings of the SJC resulting in the show cause notice being issued to the petitioner make all orders passed in such proceedings as without lawful authority and of no legal effect?
6. Whether any declared asset be made basis to proceed against a judge in a complaint by a person who is an alien to the alleged transaction when no notice or proceeding has been initiated by the registering or taxation authority?
Justice Naqvi, in his plea, maintained that a declared asset cannot be made basis to proceed against a judge in a complaint by a person who is an alien to the alleged transaction when no notice or proceeding has been initiated by the registering or taxation authority.
He has urged the apex court to declare initiation of proceedings by the SJC coram non judice, without lawful authority and of no legal effect and quash the same.
The judge has asked to declare that the purported SCN dating October 28 and the hearing notice dating November 13 without "lawful authority and of no legal effect, urging to "quash" them.
He has also sought relief from the apex court, as it may deem fit and proper.
Justice Naqvi has hired the services of lawyers Makhdoom Ali Khan, Khawaja Haris, Latif Khosa, Ali Zafar and Saad Hashmi to represent him in the reference.
On October 28, in his preliminary reply to a show-cause notice, Justice Naqvi requesting a recusal, raised objections over the participation of the three members of the body three SJC members, Justice Isa, Justice Masood, and Balochistan High Court (BHC) Chief Justice Naeem Akhtar Afghan, but did not mention anything regarding the misconduct complaints against him.
On October 27, the SJC issued a show-cause notice to Supreme Court judge Sayyed Mazahar Ali Akbar Naqvi over the complaints registered against him.
The show-cause notice was issued after the forum met under the chairmanship of Chief Justice Qazi Faez Isa.
The other members comprise senior judges of the apex court, Justice Tariq Masood and Justice Ijazul Ahsan.
Justice Naqvi had been asked to submit his reply by November 10.
SJC is the only constitutional forum that has power to remove judges of superior courts on different charges.
Justice Masood, senior judge of the Supreme Court and member of SJC, had submitted his legal opinion on the misconduct complaints filed against SC judge Naqvi in September this year.
On February 23, a reference was filed against Justice Mazahar Ali Akbar Naqvi in the SJC accusing him of "misconduct" and "having assets beyond means".
According to details, the reference against Justice Naqvi was filed by Advocate Mian Dawood for allegedly violating the code of conduct for SC judges issued under Clause (8) of Article 209 of the Constitution.
Later, Pakistan Bar Council (PBC) Vice Chairman Haroon Rashid filed separate complaint of misconduct in the SJC against Justice Naqvi after audio leaks emerged purportedly featuring a conversation about the fixation of a case with former Punjab chief minister Parvez Elahi.
The SJC, a forum of accountability of judges of the superior courts and top government officials, is comprised of five members, including the Chief Justice of Pakistan, two senior-most judges of the Supreme Court, and two most senior chief justices of high courts.
