Supreme Court Justice Mazahar Ali Akbar Naqvi raised objections on Friday over Chief Justice of Pakistan Qazi Faez and two other judges’s participation in the hearing of the complaints against him.
In a “preliminary reply” to showcase, he called for CJP Isa, Justice Naeem Akhtar Afghan, and Justice Sardar Tariq Masood to recuse themselves from the Supreme Judicial Council (SJC) that is inquiring complaints lodged against him over alleged misconduct and assets beyond means.
Justice Naqvi in his reply said CJP Isa and Justice Masood had written a letter to the then chief justice of Pakistan and the chairman of SJC to proceed on the complaints against him “without any further delay”.
“It was reported in the press that Mr. Justice Qazi Faez Isa as a member of JCP, on March 04, 2020, opposed my nomination as a Judge of the Supreme Court,” he stated.
He went on to add that it was also reported that CJP Isa wrote a detailed dissenting note raising objections in respect of certain of his judgments as a judge of the Lahore High Court.
“In the interest of propriety, justice and fairness, Mr. Chief Justice Qazi Faez Isa and Mr. Justice Naeem Akhtar Afghan ought not to hear the complaints against me. Their participation in the proceedings resulting in a Show Cause Notice being issued to me taints those proceedings, inter alia, with bias and makes all orders passed in such proceedings as being without lawful authority and of no legal effect,” Justice Naqvi said.
He further added: “Third, as per press reports, in an interaction with court reporters at the oath-taking ceremony of Mr Justice Irfan Saadat Khan, Mr Justice Sardar Tariq Masood, by inference, used derogatory language against me and disclosed outcome of the SJC proceedings.”
Justice Naqvi said that since Justice Masood was himself facing an SJC complaint, he should not hear the complaint against him.
“His participation in the proceedings resulting in a show cause notice being issued to me taints those proceedings, inter alia, with bias and makes all orders passed in such proceedings as being without lawful authority and of no legal effect,” he added.
“The proceedings against me are politically motivated and lack legality, propriety and transparency,” Justice Naqvi stated in his preliminary reply.