Justice Mazahar Naqvi rebuffs reference against him, raises objection to SJC’s composition

ISLAMABAD: Supreme Court Judge Justice Mazahar Ali Akbar Naqvi has declined to respond to a show-cause notice on a reference filed against him in the Supreme Judicial Council.

Instead, he has raised objections to the council’s composition and proceedings.

In a meeting convened on October 27 under chair of Chief Justice of Pakistan Qazi Faez Isa, the Supreme Judicial Council had issued a show-cause notice to Justice Mazahar Ali Akbar Naqvi in relation to a reference against him, seeking his reply by November 10.

Sources said that Justice Naqvi has contested the legitimacy of the Supreme Judicial Council itself rather than replying to the show-cause notice.

He has expressed reservations against Chief Justice Qazi Faiz Isa, Justice Sardar Tariq and Justice Naeem Akhtar Afghan, who were part of the SJC.

Additionally, he has requested access to all records and evidence submitted to the Supreme Judicial Council along with the refernce.

Justice Naqvi has cited ‘biaseness’ among the council members, alleging that Justices Qazi Faez Isa and Naeem Akhtar were involved in the audio leaks inquiry commission and thus should not be part of the council examining his case.

He deemed the show-cause notice biased and asserted that the council’s majority should form any final opinion and sent it to the president.

Justice Naqvi has further contended that the constitution does not grant the council the authority to establish rules, pointing out that the chief justice and Justice Sardar Tariq had previously deemed the Supreme Judicial Council’s rules unconstitutional.

Reference filed against Justice Mohsin Akhtar Kayani

In his objections, Justice Naqvi has highlighted that the show-cause notice lacked specific allegations and that the complaints against him were based on unsubstantiated claims.

He has asserted that the actions against him were politically motivated, illegal, and improper.

Furthermore, Justice Naqvi has mentioned that Justice Sardar Tariq Masood had already provided a legal opinion on the reference against him.

Justice Naqvi also stated that no specific allegations were made in the show cause notice.

“The 10 complaints associated with the show cause contain frivolous accusations for which no evidence has been made available,” he said asserting that “the actions against him are politically motivated, illegal, and inappropriate.”

He has mentioned Justice Sardar Tariq Masood had engaged in a meeting with journalists during the swearing-in ceremony of Justice Arfan Saadat, where he made derogatory remarks against him.

He has argued that Justice Ijazul Ahsan and Justice Sardar Tariq had previously recused themselves from a reference against Chief Justice Qazi Faez Isa.

He has argued that “all complaints against me should be dismissed as they are based on frivolous and presumptive grounds.”