In a noteworthy development, Justice Ijazul Ahsan opposed the issuance of the show cause notice to Justice Mazahir Naqvi, denouncing the action as hasty, unnecessary, and against established legal standards.
His dissenting note emphasized the importance of careful deliberation and adherence to precedents, citing that the council's actions were divergent from the principles set in the Justice Qazi Faez Isa reference decision.
Justice Ahsan, in his dissenting note, unequivocally called for the withdrawal of the show cause notice issued to Justice Mazahir Naqvi. Expressing concern over the council's actions, he criticized the hasty and unconventional proceedings, deeming them contrary to established traditions and legal requirements.
Furthermore, Justice Ahsan contended that the actions against Justice Naqvi contradicted the reference decision in the Justice Qazi Faez Isa case. He urged the council to exercise constitutional powers judiciously, suggesting that actions against judges be taken with careful consideration in cases of internal disagreements.
The dissenting note emphasized that the matter of Justice Mazahir Naqvi had not been adequately considered, and he disapproved of the council's procedural conduct. It underscored the unsubstantiated nature of the allegations against Justice Naqvi, noting that most were related to property or transactions. Notably, it highlighted that Justice Naqvi's son is financially independent, challenging the inclusion of his property in the allegations.
Justice Ijazul Ahsan concluded that, from a legal standpoint, the allegations against Justice Mazahir Naqvi were untenable. The dissenting note shed light on the contentious nature of the second show cause notice, issued on November 22 by a majority of four to one, with Justice Ijazul Ahsan standing in opposition.