Justice Sayyed Mazahar Ali Akbar Naqvi resigns as top court judge – Pakistan


Justice Sayyed Mazahar Ali Akbar Naqvi — who was dealing with complaints of misconduct — resigned from the Supreme Court (SC) on Wednesday, saying that it was now not attainable for him to proceed on account of circumstances which have been “a matter of public data”.

The resignation letter, a duplicate of which is obtainable with Dawn.com, was addressed to President Dr Arif Alvi.

A replica of Justice Naqvi’s resignation letter. — supplied by writer

“It was an honour to be appointed and to serve as a judge first of the Lahore High Court after which as the Supreme Court of Pakistan. In the circumstances that are a matter of public data and to some extent public document, it’s now not attainable for me to proceed to serve as a judge of the Supreme Court of Pakistan,” Justice Naqvi stated.

“Considerations of due course of additionally compel. I, due to this fact, efficient at present resign as judge of the Supreme Court of Pakistan,” he added.

The growth comes a day after the Supreme Court rejected Justice Naqvi’s request to remain proceedings towards him within the Supreme Judicial Council (SJC) over alleged misconduct.

In a letter penned to Chief Justice of Pakistan (CJP) Qazi Faez Isa and all top court judges in December, Justice Naqvi had acknowledged that the therapy meted out to him by the SJC was “nothing wanting disgraceful”.

Reacting to the resignation, PML-N’s Khawaja Asif stated that the mere acceptance of the resignation was not sufficient. He stated that the property of judges and their heirs must be scrutinised, as is the follow with politicians.

Journalist Hasnaat Malik stated it was a “huge blow” for ex-CJP Umar Ata Bandial’s “camp”.

“His resignation will have an effect on subsequent chief justice Ijazul Ahsan’s place. Will SC as an establishment strengthen after Justice Naqvi resignation?” he puzzled.

Proceedings towards Justice Naqvi

Early final 12 months, references have been filed earlier than the SJC towards Justice Naqvi after his title surfaced in reference to an alleged audio leak.

In October final 12 months, the SJC had issued a present-trigger discover to Justice Naqvi in reference to 10 complaints lodged towards him and directed the judge to submit a reply inside two weeks.

Headed by CJP Isa, the SJC includes Justice Tariq Masood, Justice Ijazul Ahsan, Lahore High Court Chief Justice (CJ) Muhammad Ameer Bhatti, and Balochistan High Court (BHC) CJ Naeem Akhtar.

In a preliminary reply submitted in November, Justice Naqvi had cited “severe prejudice” towards him and stated CJP Isa, Justice Masood and CJ Akhtar ought to recuse themselves and never hear the matter.

On Nov 20, Justice Naqvi contested the SJC proceedings towards him and in addition challenged the present-trigger discover issued to him by the council, stating the initiation of proceedings was coram non-judice and with out lawful authority.

Subsequently, the SJC had issued a contemporary present-trigger discover to Justice Naqvi on Nov 22, with a route to give you his defence by submitting a reply inside a fortnight.

On December 4, Justice Naqvi had once more approached the apex court and expressed his intent to pursue the constitutional petition he had moved earlier searching for to quash the revised present-trigger discover issued by the SJC.

Two days later, Justice Naqvi had invited the eye of the SC committee comprising three senior-most judges to the silence over his petitions difficult the issuance of the present-trigger discover (SCN) regardless of the lapse of time as stipulated within the Supreme Court (Practice & Procedure) Act, 2023.

Justice Naqvi had additionally written a separate letter to the SJC secretary, asking the latter to furnish a lot of paperwork with out which, the judge stated, he wouldn’t be able to organize his reply to the present-trigger discover inside time.

On December 15, the SJC, in an open listening to, had given two weeks to the top court judge to reply to the misconduct allegations and directed him to submit a reply to the present-trigger discover by January 1.

Subsequently, the judge had filed an in depth response to the present-trigger discover, saying the allegations towards him “completely and maliciously false”, giving an in depth response to every of the ten allegations made towards him.

In the detailed response, a duplicate of which is obtainable with Dawn.com, he stated the SJC was not empowered to entertain any criticism towards a judge and was solely entitled to receiving “info”.

On January 8, Justice Naqvi had withdrawn his objection to the three-judge bench listening to his plea difficult the issuance of a present-trigger discover to him.

On Tuesday, the Supreme Cou­rt rejected a request to remain Jan 11 SJC proceedings towards Justice Sayyed Mazahar Ali Akbar Naqvi, as Justice Ahsan described the council’s proceedings towards his colleague “opposite to the established norms”.

Justice Ahsan — a part of the 5-member SJC — who had refused to hitch different members of the council on Nov 22, 2023, within the issuance of the present-trigger discover to Justice Naqvi, regretted the hasty proceedings.

In his letter to the SJC members, Justice Ahsan regretted that debate and dialogue have been non-existent and haven’t been permitted in the course of the ongoing council proceedings. “Thus Nov 22, 2023 proceedings when the second present-trigger discover was issued towards Justice Naqvi have been fully devoid of any dialogue or deliberation in any respect,” he stated.

“This method of proceedings has solid an unwelcome doubt over the entire course of, due to this fact he disagreed with the method adopted and the style wherein the proceedings have been being carried out,” Justice Ahsan stated.

Referring to the allegations within the criticism towards the judge, the letter regretted these have been totally with out benefit or substance, each in legislation and even on a prima facie appraisal of the details.

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