Justice Syed Mazahar Ali Akbar Naqvi on Thursday approached the Supreme Court (SC) to challenge two show cause notices issued by the Supreme Judicial Council (SJC) concerning allegations of financial misconduct.
The apex court judge argued in his petition that the complaints filed against him with the SJC were politically motivated.
He asserted that he was fulfilling his duty to protect and safeguard the Constitution, which he believed was being violated by delaying the general elections in the provincial assembly of Punjab.
The SJC, vested with the constitutional authority to hold judges of the superior court accountable, reviewed 29 complaints against various judges. While dismissing 19 of them, the council issued a show cause notice to Justice Naqvi for the remaining 10, accusing him of financial misconduct during its October 27 session.
In the petition filed today, the accused judge made the Federation of Pakistan a respondent through the law ministry, and included the president of Pakistan and the SJC as respondents.
The petition was submitted under Article 184(3) of the Constitution. Justice Naqvi requested that the complaints against him be heard in an open court.
Referring to the principles of judicial accountability highlighted in the judgment of Justice Mansoor Ali Shah in the case of Justice Qazi Faez Isa v Federation of Pakistan, the petitioner emphasized the importance of treating judges in accordance with the law.
Citing Article 9, he protested that access to justice is a fundamental right guaranteed by the Constitution.
He argued that without judicial independence, this right becomes illusory and interference in the office or tenure of a judge is a matter of public importance related to the enforcement of fundamental rights.
Justice Naqvi mentioned his role in the two-member bench that presided over the former Capital City Police Officer (CCPO) Hameed Dogar’s transfer case, where the issue of elections for the Punjab Assembly within 90 days of its dissolution was discussed.
