The Supreme Judicial Council (SJC) has determined that former Supreme Court justice Mazahar Ali Akbar Naqvi is guilty of misconduct, opining that the ex-judge, who had resigned in February amid misconduct allegations, “should have been removed from the office of Judge.”
The top judicial body announced the decision following the completion of proceeding on Friday.
Justice (retd) Naqvi resigned in February from the Supreme Court in unceremonious way that raised questions about the circumstances surrounding his departure.
The proceeding on misconduct was presided over by Chief Justice of Pakistan Qazi Faez Isa while other justices included Sardar Tariq Masood, Syed Mansoor Ali Shah, Naeem Akhtar Afghan, and Amir Bhatti.
The council, after considering six complaints in chronological order, dismissed five complaints, concurring with the opinions of the referring members.
However, in the case of complaints against a Judge of the High Court of Balochistan, the SJC issued notice for a reply/explanation within fourteen days.
In the case of Justice Naqvi, the SJC rendered its opinion on nine complaints under Article 209(6) of the Constitution, declaring him guilty of misconduct and stating that he should have been removed from the office of Judge.
According to a statement, the SJC also announced amendments to Article V of its code of conduct for judges. During meetings on February 29 and March 1st, council members clarified that a judge responding to allegations or issuing clarifications does not violate Article V. The amended Article V now explicitly states that a judge, functioning in full view of the public, may respond to allegations publicized against them, while still maintaining a commitment to avoid unnecessary public controversy, especially on political matters.
