Justice Naqvi’s complaints are discussed between the CJP and a member of the SJC.
Lawyers and superior bars have filed separate complaints against a high court judge.
In his capacity as chairperson of the Supreme Judicial Council (SJC), Chief Justice of Pakistan (CJP) Umar Ata Bandial on Wednesday asked a member for their assessment of the allegations of misconduct levelled against Supreme Court judge Justice Sayyed Mazahar Ali Akbar.
The Express Tribune has verified with reliable sources that Justice Bandial has consulted with at least one other council member regarding the allegations of misconduct against Justice Naqvi. Several complaints were lodged against the supreme court judge by the legal community and the higher bars.
Section 7 of the SJC Inquiry of SJC Procedure of Enquiry Rules 2005 states, “once any information in respect of enquiry into the conduct of a judge is received by any member or the council, it shall be presented to the chairman of the council, who; shall (a) refer the same to any member of the council to look into the said information; and to express his opinion in relation to the sufficiency or otherwise of the information; (b) if the council is satisfied that the information is sufficient, the chairman
“the member, to whom the chairman has referred the information, will examine the same and ascertain if the information so received discloses specific particulars of misconduct, and provides factual details necessary to form prima facie opinion in respect of the guilt of the judge,” it continued.
As a third step, “if the member forms the opinion that the information does reveal sufficient material to commence enquiry, he shall inform the council accordingly and the information shall be placed before the council.”
When everything else fails, “if the member comes to the conclusion that the information is false, frivolous, concocted, or untrue, he shall inform the council accordingly and may recommend action against the person who initiated the information.”
Justice Qazi Faiz Isa and Justice Sardar Tariq Masood, both senior members of the SC and the SJC, submitted a judicial letter to the head and members of the Council last month, requesting a meeting to discuss the charges of misconduct and financial corruption against Justice Naqvi.
CJP Bandial, Justice Ahmed Ali M Sheikh of the Sindh High Court (SHC), and Justice Muhammad Ameer Bhatti of the Lahore High Court (LHC) were copied on the letter.
According to the letter’s contents, the Pakistan Bar Council (PBC) and other petitioners had filed written complaints against Justice Naqvi, alleging misconduct and financial wrongdoing.
The judge has been accused of wrongdoing, and the letter suggests that the SJC should hold a meeting to determine whether or not these accusations are accurate.
After rumours circulated that former Punjab chief minister Pervaiz Elahi had discussed fixing the case before a specific bench or judge, the PBC decided to relocate the country’s highest judicial body.
Two audio files were released online last month. The first audio clip had a man identified as Elahi advising “Joja sahab” that the Supreme Court judge should be selected to hear the “Muhammad Khan case.”
Haroon Rasheed, PBC Vice Chairman, and Hasan Raza Pasha, PBC Executive Committee Chair, submitted the complaint.
