ISLAMABAD (Dunya News/Web Desk) – President Arif Alvi on Thursday accepted the resignation of Supreme Court Justice Mazahar Ali Akbar Naqvi against whom the Supreme Judicial Council (SJC) is hearing a reference over the misconduct allegations, mainly revolving around amassing wealth beyond his resources.
In his resignation sent to Alvi on Wednesday, he said it wasn’t possible for him to continue working, as he mentioned his tenure both at the Supreme Court and the Lahore High Court (LHC).
“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," the resignation letter reads.
Naqvi’s resignation came just hours after a Supreme Court bench headed by Chief Justice Faez Isa upheld the death sentence handed down to late Pervez Musharraf by a special court in Dec 17, 2019, by a special court under Article 6 of the Constitution.
Later in January 2020, a three-member LHC bench headed by Naqvi quashed the verdict given by the special court verdict and declaring its formation as "unconstitutional".
The judgment had raised many eyebrows given the fact that special court was formed by the Supreme Court. And on Wednesday, the Supreme Court stamped the special court’s status and judgment through its latest verdict.
Earlier on Tuesday, the Supreme Court had rejected the request to stay the proceeding of Supreme Judicial Council – a huge setback to Naqvi who has been questioning the very reasoning behind the reference.
THE BACKGROUND
The SJC came into action against Naqvi after several misconduct complaints were filed during the tenure of former chief justice Umar Ata Bandial, who had had tasked Justice Sardar Tariq Masood to give his opinion.
Mian Dawood, a Lahore-based lawyer, was the first to file complaint in which Naqvi was accused financial irregularities, especially the transaction of a plot located in a posh area of the provincial capital, as he claimed that there had been a massive increase in the judge’s assets.
However, the issue was far complicated when an audio leak emerged purportedly featuring a conversation with former Punjab chief minister Parvez Elahi about fixing the case before a particular bench or judge, prompting a Pakistan Bar Council (PBC) office holder to move the Supreme Judicial Council.
It remains to be seen how the SJC will proceed in the coming days given that the chief justice is scheduled to chair a meeting today (Thursday) of the top body responsible for accountability of judges.
In his comments, PML-N senior leader Khawaja Asif said acceptance of resignation wasn’t enough, as the Supreme Court judge and his heirs should face a probe into their assets in a way similar to what a politician has to go through in these matters.
Meanwhile, Dawood, who triggered this entire saga, in his reaction said he would challenge Naqvi’s resignation in the Supreme Court, saying no one could be allowed to get involved in corruption and then spend the rest of his life safely while enjoying pension and other privileges.
اہم اعلان کرپٹ ترین جج جسٹس مظاہر نقوی کا استعفی پوری قوم اور وکلاء کی جیت ہے تاہم ابھی منزل باقی ہے۔ جسٹس نقوی کا استعفی سپریم کورٹ میں چیلنج کیا جائیگا۔ یہ نہیں ہوسکتا کہ کرپٹ جج جب رنگ ہاتھوں پکڑا جائے تو استعفی دے کر گھر چلاجائے اور عوام کے پیسوں پر پنشن لیکر عیاشی کرتا رہے pic.twitter.com/P3sYKEGQ4X
— Mian Dawood (@miandawoodadv) January 10, 2024