The Supreme Judicial Council (SJC) has recommended the removal of former Supreme Court judge, Mazahar Ali Akbar Naqvi, on Thursday, finding him guilty of misconduct. Chaired by Chief Justice Qazi Faez Isa, the SJC gave its reserved opinion on nine complaints filed against the former judge, stating that he should have been removed from office. The council has forwarded its opinion to the President of Pakistan.
The SJC clarified that out of the nine complaints considered, five were found unsubstantiated. However, in response to complaints against a judge of the high court of Balochistan, the council issued a notice for submission of a reply or explanation within 14 days.
Addressing concerns raised by judges regarding responding to allegations, the SJC emphasized that issuing a reply or clarification does not violate the code of conduct. Consequently, the council amended Article-V of the Code of Conduct to allow judges to respond to publicized allegations.
Earlier, on March 1, after recording witness statements, the SJC reserved its opinion on the complaints against Mazahar Ali Akbar Naqvi. Notably, Justice Naqvi did not participate in the proceedings despite several opportunities provided by the council.
Complaints against Justice Naqvi were filed by lawyers and the Pakistan Bar Council, which led to a petition challenging the complaints. Although Justice Naqvi tendered his resignation during the pendency of complaints, the SJC proceeded with its deliberations.
The decision by the SJC comes after a recent ruling by the Supreme Court, affirming that proceedings against a judge shall not abate upon resignation or retirement, if initiated by the SJC. This ruling has significant implications for the independence and accountability of the judiciary.
