President Asif Ali Zardari on Wednesday greenlit the dismissal of Supreme Court (SC) Justice (retd) Mazahar Ali Naqvi, who was found guilty of misconduct by the Supreme Judicial Council (SJC) earlier this month.
The Ministry of Law and Justice issued an official notification for the judge’s removal. “Consequent upon recommendation of the Supreme Judicial Council of Pakistan under Article 209(6) read with Article 48(1) of the Constitution of the Islamic Republic of Pakistan, 1973 and SI No 31 of Schedule V-B of Rules of Business, 1973, the President of the Islamic Republic of Pakistan is pleased to remove Sayyed Mazahar Ali Akbar Naqvi (formerly, judge, Supreme Court of Pakistan) from his office, for being guilty of misconduct, effective from January 10, 2024,” the notification read.
The ministry also notified that an earlier notification for Justice (retd) naqvi’s resignation issued by the division has been subsequently withdrawn. In a surprise move in January, Justice (retd) Naqvi had stepped down from his post following misconduct allegations – and within a day, fellow judge Justice (retd) Ijazul Ahsan also resigned, raising questions over their untimely departure.
In his resignation letter, the former judge had said: “[…] in the circumstances which are a matter of public knowledge and to some extent public record, it is no longer possible for me to continue to serve as a Judge of the Supreme Court of Pakistan. Considerations of due process also compel so.” However, the SJC after holding over two month of misconduct proceedings, held that the controversial judge was guilty of misconduct, suggesting that he should have been fired before his resignation.
In a short statement, the top judicial body headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, opined that the ex-judge – facing several allegations – was guilty of misconduct and “should have been removed from the office of Judge”. The top judicial forum said that it considered six different complaints, in chronological order, and in respect of five the opinions expressed by the members to whom it was referred, recommended that there was no substance therein, with which the SJC concurred.
It rendered its opinion in respect of the nine complaints against the former judge under Article 209(6) of the Constitution and “opined that he was guilty of misconduct and should have been removed from the office of Judge”. The development came after the apex court’s last month’s verdict that the proceedings against a judge by the SJC will not stop even after his resignation or retirement.
