Judicial crisis in Pakistan!
two senior SC judges resign
ISLAMABAD: Judicial crisis apparently looks ahead in Pakistan
as two senior Supreme Court judges resign following each other on Wednesday and Thursday. Justice Ahsan was slated to be the next chief justice of Pakistan (CJP) after CJP Qazi Faez Isa in October this year.
According to the resignation addressed to the president, Justice Ahsan said: “I no longer wish to continue as a judge of the Supreme Court of Pakistan”. He said he resigned as per Article 206(1) of the Constitution with immediate effect. The letter did not mention a reason for the resignation.
Justice Ahsan, who is among the senior most judges of the top court, has sent his resignation to President Arif Alvi, raising questions over his untimely departure.
The major event comes within a day of Justice (retd) Sayyed Mazahar Ali Akbar Naqvi’s resignation, which has also been accepted by the president.
Ahsan would have become the chief justice — the highest judicial office in the country that comes with supreme power — after CJP Isa’s term concluded in October this year as Justice Tariq Masood, the senior puisne judge, would hang his robes before that.
Both the judges were considered ‘close’ to former CJP Umar Ata Bandial, with analysts noting that the jurists were involved in issuing controversial orders — along with another judge, Justice Munib Akhtar.
In April this year, a lawyer had filed a reference before the Supreme Judicial Council (SJC) against then-CJP Bandial and three other judges — Justice Ahsan, Justice Akhtar, and Justice Naqvi.
The complainant based his reference on an alleged violation of the Code of Conduct for judges of the superior judiciary issued by the SJC on September 2, 2009.
President accepts Syed Mazhar’s resignation
President Arif Alvi has accepted the resignation of Supreme Court’s Justice Sayyed Mazahar Ali Akbar Naqvi, who stepped down a day earlier amid misconduct allegations, Geo News reported on Thursday.
The President’s Office said that President Alvi accepted the resignation on the advice of the prime minister under Article 179. Justice Naqvi had moved his resignation as he felt it was no longer possible for him to serve as a Supreme Court judge.
Several complaints of misconduct had been filed against him with the Supreme Judicial Council (SJC) by lawyers as well as Pakistan Bar Council seeking his removal, particularly after his name surfaced in connection with an alleged audio leak.
“It was an honor to be appointed and to serve as a judge, first of the Lahore High Court and then as the Supreme Court of Pakistan,” Justice Naqvi wrote, saying in the circumstances, which were a matter of public knowledge and to some extent public record, it was no longer possible for him to continue to serve as a judge of the Supreme Court. “Considerations of due process also compel so, I, therefore, effective today resign as a Judge of the Supreme Court of Pakistan,” he had stated in his resignation letter.
The resignation came after a three-member bench of the apex court — headed by Justice Aminuddin Khan and comprising Justice Jamal Khan Mandokhel and Justice Musarrat Hilali — rejected Justice Naqvi’s plea seeking halting of the SJC’s proceedings.
The SJC, on October 27 last year, issued a show cause notice to Justice Naqvi amid various complaints alleging bench manipulation and financial misconduct by the SC judge. Pakistan Bar Council, advocate Mian Dawood and others had filed complaints against the Supreme Court judge.
In his response, the Supreme Court judge raised issues with the inquiry and called for Chief Justice of Pakistan (CJP) Qazi Faez Isa and two other judges to recuse themselves from the matter.
On November 20, he contested the SJC proceedings and also challenged the show-cause notice issued to him by the council, saying the initiation of proceedings was coram non-judice and without lawful authority.
Subsequently, on November 22, a second show cause notice was served by the SJC, demanding a detailed response from the judge regarding the allegations raised by multiple petitioners.
Justice Naqvi then on January 4 filed a petition in the apex court under Article 184(3) of the Constitution, terming the misconduct complaints filed against him a direct and blatant attack on the independence of the judiciary.
It is important to note that the top court judge’s name also surfaced in connection with the recent audio leaks purportedly involving him, former Punjab chief minister Parvez Elahi and others.
Elevated to the top court on March 16, 2020, Justice Naqvi made headlines when in January 2020, as the Lahore High Court (LHC) judge, he ruled in favour of former military ruler Pervez Musharraf.
The LHC bench comprised Justice Naqvi, Justice Muhammad Ameer Bhatti and Justice Chaudhry Masood Jahangir.
The controversial verdict of the LHC was annulled by the Supreme Court the same day he tendered his resignation.
Another chance to Mazhar Naqvi
Former Supreme Court judge Sayyed Mazahar Ali Akbar Naqvi — who is facing multiple complaints of misconduct — on Thursday was given another chance to present his viewpoint before the Supreme Judicial Council (SJC) on Friday.
The development came a day after Naqvi stepped down from his post due to “circumstances which are a matter of public knowledge and to some extent public record”.
The SJC served an intimation notice on Naqvi, whose resignation was accepted by President Arif Alvi earlier today, asking him to appear before the body tomorrow (Friday) if he wants to give his viewpoint against the complaints lodged against him.
During the course of proceedings, SJC Chairman Justice Qazi Faez Isa remarked there could be two reasons behind the judge’s resignation: the complaint against the judge was false and he stepped down under pressure or the allegations were true and he did not want to face them.
Elevated to the top court on March 16, 2020, Justice (retd) Naqvi made headlines when in January 2020, as the Lahore High Court (LHC) judge, he ruled in favour of former military ruler Pervez Musharraf.