ISLAMABAD - Judicial Council (SJC) as per Procedure of Enquiry Rules, 2005 has initiated basic process on the complaints filed against Justice Sayyed Mazahar Ali Akbar Naqvi, a Supreme Court judge.
The Registrar, who is also the Secretary of Supreme Judicial Council, Ishrat Ali, asked advocate Mian Dawood and other complainants to file affidavits in support of his allegations levelled in the complaints under Section 5(3) of the Supreme Judicial Council Procedure of Enquiry Rules, 2005.
Four complaints have been filed against the incumbent judge of the Supreme Court for amassing illegitimate assets and misconduct.
Mian Dawood, a Lahore based lawyer, on February 23 had filed a complaint against Justice Naqvi for allegedly violating the code of conduct for judges of the Supreme Court issued under Clause (8) of Article 209 of the Constitution and accused the judge of “misconduct” and “amassing illegitimate assets”.
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Pakistan Muslim League (Nawaz) Lawyers Forum, Punjab, on March 4 had urged the Supreme Judicial Council (SJC) to initiate inquiry against Justice Mazahir Ali Akbar Naqvi for allegedly committing misconduct in view of certain viral audio clips released on the social media.
PBC Vice Chairperson Haroon Rasheed and Council’s Chairperson Executive Committee Hasan Raza Pasha, on March 10 had also filed the complaint on behalf of the apex regulatory body of the lawyers, requesting the SJC hold an inquiry into the alleged conversation of former chief minister Pervaiz Elahi about fixation of a case before a particular bench or judge (Justice Naqvi). It has asked the SJC to initiate “proper proceedings” on information regarding Justice Naqvi’s “assets worth crores of rupees” which was circulating in the media. Advocate Ghulam Murtaza Khan on March 22 filed a complaint with the SJC by submitting that Justice Naqvi’s conduct was unbecoming of a judge and he was guilty of misconduct within the meaning of Sub-Clause (b) of Clause (5) of Article 209 of the Constitution, read with Rule 3(l)(i) of the SJC Procedure of Enquiry 2005.
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According to the PBC complaint, Justice Naqvi “attempted to manage and legalize his income through sale of property” in 2021 for Rs60 million, while the property was purchased in Gujranwala for Rs4.7 million.
“The respondent manoeuvred to revise his tax returns of 2021, multiple times, in an attempt to justify his income. This assertion gets fortified by the facts that a plot of Gulberg III, Lahore was declared as of the value of Rs.60 million, the value whereof was later pushed up to Rs.72 million. This purchase was administered by the respondent upon sale of the above-referred property in Gujranwala”.
The PBC complaint stated that the assets of the judge present a lucid picture of his assets being disproportionate from the source of his lawfully earned income, adding that the property called Allied Plaza (Civil Lines Gujranwala) was never declared by the judge despite its ownership being held by him.
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It continued that “the two sons of the respondent hold their law office in Evacuee Trust Property Board (ETPB), Lahore. The course of litigation regarding its rent was initially decided against the said sons by Chairman EPTB. However, the respondent managed the decision later to tilt in favour of his sons, by Federal Secretary Religious Affairs (the Appellate Body). Reportedly the respondent judge promotes legal practice of his two sons namely Syed Ali Irtiza Naqvi and Syed Ali Murtaza Naqvi (Advocates) having around 5 years of legal standing at the bar”.
It added that the fact may be inquired into while examining “the list of innumerable important cases wherein they rendered legal services to many high profile clients. The general perception in the legal fraternity is that the respondent judge has been using his official influence in patronizing his son’s legal practice which is a serious breach of the code of conduct”.
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