A judge on the Supreme Court, Justice Sayyed Mazahar Ali Akbar Naqvi, wrote an open letter to all other judges on Tuesday accusing Chief Justice of Pakistan Qazi Faez Isa of “bias.”
He wrote in his letter, “If things were going as planned, I would not have written this letter to protect the integrity (what little there is of it) of the institution where you and I both hold public office.”
It was amazing to Justice Naqvi how much false information there was about his case before the Supreme Judicial Council (SJC). “I am writing to you today to clear up that false information, to bring to your attention the unfortunate details, and to record the evidence of the obstruction of justice in the Supreme Court. Tomorrow, no one will be able to say they were unaware of this matter.”
The top judge said that in a letter dated May 3, 2023, justices Qazi Faez Isa and Sardar Tariq Masood told the former chief justice Umar Ata Bandial that he should be charged right away because of the fake audio leaks scandal.
“I ask, as I haven’t before: Has the Honourable Chief Justice of Pakistan been able to clear his honor and get rid of the cloud of doubt that hangs over his and the judiciary’s reputation up to this point?” Why is it that the SJC is questioning a judge whose assets were legally gained and listed on his tax returns but not the Honourable Chief Justice, who cannot be questioned about the properties he has not listed? Naqvi asked, “Is there a legal or moral reason for this unfair difference?”
He said the SJC’s “grievous legal, constitutional, and jurisdictional defects” were all in the “show cause notice.” He told the SJC about all of these problems in his preliminary answer on November 10, 2023.
Instead of following the rules of honor and decorum, the Council chose to hold a series of meetings on November 20, 21, and 22 with the clear goal of fixing the problems I pointed out in my preliminary response and sent out a “Revised” SCN. So, the SJC unintentionally admitted that the first SCN was flawed, that the proceedings began without any investigation into the truth of the complaints against me, and that the members of the SJC are not fit to oversee the proceedings because they are biased and favoritism.
According to Justice Naqvi, the way the head and other members of the SJC treated him was completely unacceptable. The defendant said, “I have written to the SJC through their secretary eleven times asking for the provision of documents necessary to the development and formation of my appropriate defense.” He also said that these requests had not been met yet.
“In at least four different letters, I have asked the Chairman and two Honorable members of the SJC to step down. My pleas have not been looked at or answered. In his case before the Supreme Court of Pakistan, didn’t the Chairman of the SJC ask that Justices Ijazul Ahsan and Sardar Tariq Masood step down? I ask once more Is there a legal or moral reason for this unfair difference, this clear violation of my basic rights as protected by the Constitution of Pakistan, and this clear obstruction of justice that I seek from the country’s most famous court?
After filing two cases under Article 184(3) of the Constitution, the SC judge said that they would finally be heard by a three-member bench on Friday, December 15, 2023. “I don’t have any problems with the way the Bench is put together, but I would like to draw your attention to the latest note [dated 11.12.2023) that Honourable Justice Ijaz ul Ahsan wrote to the Registrar of the Supreme Court. There were violations of the Supreme Court (Practice and Procedure) Act 2023 by people in power, which the note shows.
The three-person committee decided on Thursday, December 7, that the bench would be made up of judges in order of seniority, unless a judge said they didn’t want to be on the bench.
He also said, “I’ll let you figure out for yourself why the Honorable Chief Justice of Pakistan chose to set up this particular bench in this way.”
On December 11, 30 minutes before midnight, a letter was sent to Justice Naqvi’s home telling him that the Supreme Court would be meeting on December 14 at 2:30 PM.
“This is the first time in our sad history that the SJC has held a meeting after a petition was filed and set in front of a bench questioning the legality of the proceedings. The SJC refused to stay the proceedings and instead called for another meeting.” Shouldn’t the Supreme Court of Pakistan be better and more reliable than a skewed and doubtful SJC? If this is how things are being handled, is it acceptable? No, it’s not.”
He said the head of the SJC was “clearly, obviously, repeatedly and blatantly breaking the law and violating his basic rights under the Constitution of Pakistan.”
“This action alone is enough to prove that the Honorable Chief Justice of Pakistan is deeply biased. I firmly state that I have no faith in the processes he is running.” He also said, “His goal is clear and well-thought-out.”
Besides that, he said that his image was important, but that of his seat was more important. The purpose of this letter is to make it clear that this is not about me personally, but about a concept; my problem is now with the institution. Doesn’t the Supreme Court of Pakistan stand for anything?”
