President accepts resignation of Justice Mazahar Ali Naqvi
ISLAMABAD – Justice Ijazul Ahsan of the Supreme Court tendered his resignation over unknown reasons on Thursday.
Justice Ijazul Ahsan sent his resignation to President Arif Alvi. He was the third senior most judge of the apex court. He was set to become chief justice in October this year.
On March 10, 2024, Justice Sardar Tariq Masood, the second-most senior judge in the hierarchy, is set to retire. Following Justice Ijaz’s resignation and Justice Sardar Tariq’s retirement, Justice Mansoor will ascend to become the most senior judge on the Supreme Court.
The development comes a day after Justice (retd) Naqvi stepped down from his post as SC judge.
On Jan 10, Supreme Court Justice Mazahar Ali Akbar Naqvi tendered his resignation, as the Supreme Judicial Council (SJC) was hearing a reference against him over the misconduct allegations revolving around amassing wealth beyond his resources.
In his resignation sent to President Arif Alvi, 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.
Justice Ijazul Ahsan, a member of the five-member Supreme Judicial Council (SJC), declined to join his fellow council members on November 22, 2023, in issuing a new show-cause notice to Justice Mazahar Naqvi.
In a letter addressed to the SJC members on Tuesday, Justice Ijazul Ahsan expressed regret over the hurried proceedings, emphasizing the absence of debate and discussion during the ongoing council sessions.
He noted that the proceedings on November 22, 2023, when the second show-cause notice was issued against Justice Naqvi, lacked any form of discussion or deliberation. This approach raised concerns about the entire process, leading Justice Ahsan to disagree with the adopted procedure and the conduct of the proceedings.
Regarding the allegations in the complaint against Justice Naqvi, the letter conveyed regret that these were baseless, lacking legal merit, and failed even on a preliminary examination of the facts.
The letter further lamented the absence of a reasoned and deliberative approach, which could have prevented the council from making the error in issuing the show-cause notice.
Justice Ijazul Ahsan, notable for his role in the high-profile Panamagate case in 2017 that resulted in the disqualification of then-Prime Minister Nawaz Sharif, also served as the monitoring judge overseeing the implementation of the Panamagate case verdict.
Having assumed the position of Chief Justice of the Lahore High Court on November 6, 2015, Justice Ahsan was elevated to the position of Supreme Court judge on June 28, 2016.
Earlier,
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.
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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.
Earlier,
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.
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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.
