Tag: CJP Bandial

  • Two judges in a row: Future Chief Justice, Justice Ijaz ul Ahsan resigns

    Two judges in a row: Future Chief Justice, Justice Ijaz ul Ahsan resigns

    The second-most senior judge of the Supreme Court, Justice Ijaz-ul-Ahsan has resigned after removing himself from the Supreme Judicial Council (SJC).

    Journalist Azaz Syed took to X (former Twitter) and wrote, “Breaking: A future Chief Justice, Justice Ejaz ul Ahsan also tenders his resignation. Now rostrum of future chief justices will also be changed. Ejaz ul Ahsan isb neither a judge now nor a future CJ.”

    The move comes after earlier this week, Justice Mazahar Naqvi also tendered his resignation. The resignation was allegedly triggered by an open meeting of the Supreme Judicial Council.

    Senior Journalist Matiullah Jan tweeted what he believes, is the reason for Justice Ijaz’s resignation.

    The council was held under the chairmanship of Chief Justice of Pakistan Qazi Faez Isa on a complaint against Justice Mazahar Naqvi, in which Justice Sardar Tariq, Chief Justice of Lahore High Court Justice Amir Bhatti, and Chief Justice of Balochistan High Court Naeem Akhtar Afghan participated. However, Justice Ijaz-ul-Ahsan did not attend the council meeting.

    In the meeting of the Supreme Judicial Council, no one appeared in the council on behalf of former judge Mazahar Naqvi, on which the Chief Justice questioned whether Justice Mazahar Naqvi’s lawyer Khawaja Haris, or his juniors were present.

    The Chief Justice spoke to the Attorney General that did you receive Justice Ijaz-ul-Ahsan’s resignation. The Chief Justice directed the Attorney General to read out the resignation, on which he read out the resignation of the former judge.

    The Chief Justice of Pakistan said that the article under which the resignation was given should be read, on which the Attorney General read out Article 179.

    The Chief Justice asked if the Council could act without Justice Ijaz or will it be the next senior judge. The attorney general said that the council must include a senior judge.

    Justice Qazi Faez said that Justice Ijaz-ul-Hasan has resigned from joining the council and the next senior judge is Justice Mansoor Ali Shah. It then has to be ascertained whether Justice Mansoor is available or not.

    The Chief Justice directed the Secretary of the Council to find out the availability of Justice Mansoor and said that if Justice Mansoor is available, then the Council will sit again.

    Under Clause three of Article 209 of the Constitution, if there is no judge in the Council, the next senior judge can be included.

    Later, Justice Mansoor Ali Shah joined the council in place of Justice Ijaz-Ul-Ahsan and the council stopped the council meeting until the availability of Justice Mansoor Ali Shah.

  • Legal fraternity criticises Justice Naqvi’s resignation over expected perks

    Legal fraternity criticises Justice Naqvi’s resignation over expected perks

    Justice Sayyed Mazahar Ali Akbar Naqvi, who has been facing allegations of misconduct, has resigned from the Supreme Court (SC) on Wednesday. The esteemed justice cited circumstances that had become “a matter of public knowledge” as the reason behind his resignation.

    The resignation letter, obtained by Dawn.com, was formally addressed to President Dr. Arif Alvi. Justice Naqvi expressed gratitude for the honor of serving as a judge, both in the Lahore High Court and later in the Supreme Court of Pakistan.

    “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,” stated Justice Naqvin

    Acknowledging the importance of due process, he added, “Considerations of due process also compel. I, therefore, effective today, resign as a judge of the Supreme Court of Pakistan.”

    Mian Dawood, a Lahore-based lawyer, one of the complainants against Justice Sayyed Mazahar Ali Akbar Naqvi, declared the resignation a win for lawyers and asserted that they would challenge his resignation in the Supreme Court.

    Pakistan Muslim League Nawaz (PMLN) leader Khwaja Asif demanded that assets of the judge and his children should be investigated in the same manner as is done for politicians.

    Lawyer Abdul Moiz Jaferii took tok X (former Twitter) and said, “This resignation should be rejected. He should face the SJC and the truth should out. If he is guilty of the accusations against him, he should not have the choice to take a million rupee a month pension off into the sunset like other supposedly compromised agents before him.”

    Lawyer Nighat Dad also criticised the move and said, “Pakistanis should only focus on the perks #JusticeMazaharAkbarNaqvi he and his family will be enjoying from our tax money after resignation. His pension amount will be determined on the basis of years of service. He will have one driver and one orderly. A police guard at residence. 300 free local calls, 2000 units of electricity, 25 HM of gas, water and 300 litres of petrol per month.”

    Journalist Matiullah Jan also questioned the merits of resignation.

    The Case

    In October last year, the SJC had issued a show-cause notice to Justice Naqvi in connection with 10 complaints lodged against him and directed the judge to submit a reply within two weeks.

    The ten complaints include the complaints of Mian Dawood, a Lahore-based lawyer, Pakistan Muslim League- Nawaz (PML-N) Lawyers Forum, Punjab, PBC Vice Chairperson Haroon Rasheed and Council’s Chairperson Executive Committee Hasan Raza Pasha and Advocate Ghulam Murtaza Khan, for amassing illegitimate assets and misconduct.

    In his response, Justice Naqvi raised issues with the SJC inquiry against him and called for Chief Justice of Pakistan (CJP) Qazi Faez Isa and two other judges to recuse themselves from the matter.

    On Nov 20, Justice Naqvi contested the SJC proceedings against him and also challenged the show-cause notice issued to him by the council, stating the initiation of proceedings was coram non-judice and without lawful authority.

    Subsequently, the SJC issued a fresh show-cause notice to Justice Naqvi on Nov 22, with a direction to come up with his defense by filing a reply within a fortnight.

    On December 4, Justice Naqvi had again approached the apex court and expressed his intent to pursue the constitutional petition he had moved earlier seeking to quash the revised show-cause notice issued by the SJC.

    Two days later, Justice Naqvi had invited the attention of the SC committee comprising three senior-most judges to the silence over his petitions challenging the issuance of the show-cause notice (SCN) despite the lapse of time as stipulated in the Supreme Court (Practice & Procedure) Act, 2023.

    Justice Naqvi had also written a separate letter to the SJC secretary, asking the latter to furnish a number of documents without which, the judge said, he would not be in a position to prepare his reply to the show-cause notice within time.

    On December 15, the SJC, in an open hearing, had given two weeks to the top court judge to respond to the misconduct allegations and directed him to submit a reply to the show-cause notice by January 1.

    On January 8, Justice Naqvi had withdrawn his objection to the three-judge bench hearing his plea challenging the issuance of a show-cause notice to him.

  • Show cause notice issued to Justice Mazahar Ali Akbar Naqvi

    Show cause notice issued to Justice Mazahar Ali Akbar Naqvi

    The Supreme Judicial Council (SJC) issued a detailed show-cause notice to Justice Mazahar Ali Akbar Naqvi on Wednesday, urging him to respond within 14 days.

    The show-cause was served with a 4-1 majority vote, with Chief Justice of Pakistan (CJP) Qazi Faez Isa, Justice Sardar Tariq, Justice Ameer Bhatti, and Justice Naeem Afghan voting in favor, while Justice Ijazul Ahsan dissented.

    The notice comes in response to 10 complaints filed against Justice Naqvi, addressing allegations of financial misconduct and possessing assets beyond means.

    Ten complaints include the complaints of Mian Dawood, a Lahore-based lawyer, Pakistan Muslim League- Nawaz Lawyers Forum, Punjab, PBC Vice Chairperson Haroon Rasheed and Council’s Chairperson Executive Committee Hasan Raza Pasha and Advocate Ghulam Murtaza Khan, for amassing illegitimate assets and misconduct.

    During the SJC meeting, complainants presented evidence, while Justice Naqvi’s objections were also reviewed by the council.

    Justice Naqvi previously challenged the SJC inquiry, asserting that it was launched based on alleged misconduct and assets beyond means.

    The objections raised by Justice Naqvi were examined during Tuesday’s meeting by council members, who also heard perspectives from complainants.

    The allegations against Justice Naqvi involve financial misconduct, and the show-cause notice underscores the seriousness with which the SJC is approaching the matter.

    The hearing is scheduled to continue, and Justice Naqvi’s response will be pivotal in determining the course of the proceedings.

  • Chief Justice calls meeting of Supreme Judicial Council

    Chief Justice calls meeting of Supreme Judicial Council

    The Chief Justice of Pakistan, Qazi Faez Isa, has called a meeting of the Supreme Judicial Council (SJC) on Friday at 11.30 a.m. as per Maryam Nawaz of Geo News.

    The meeting will focus on addressing complaints lodged against several high-ranking judges, including Justice Sayyed Mazahar Ali Akbar Naqvi.

    Notably, this will mark the first SJC meeting under the leadership of CJP Isa, following a gap of over three years since the previous moot. The council, chaired by CJP Isa, includes two other senior judges of the highest court, namely Justice Tariq Masood and Justice Ijaz Ul Ahsan.

    The SJC holds the exclusive authority to dismiss judges from superior courts based on various charges.

    Apart from Justice Naqvi, there have been grievances filed against other judges of the superior court.

    The primary agenda for tomorrow’s meeting is likely to be the consideration of a complaint against Justice Naqvi.

    Justice Masood, senior judge of the Supreme Court and member of SJC, had submitted his legal opinion on the misconduct complaints filed against apex court Justice Naqvi in September this year, according to The News.

    Several misconduct complaints were filed against Justice Naqvi during the tenure of former chief justice Umar Ata Bandial who referred the matter to Justice Tariq Masood for examination and legal opinion.

    Initially, the misconduct complaint against Justice Naqvi was filed with the SJC by a Lahore-based lawyer Muhammad Dawood. Later on, Pakistan Bar Council (PBC) also announced that they were going to file a complaint against the senior judge.

    PBC Vice Chairman Haroon Rashid lodged a misconduct complaint against Justice Naqvi after an audio leak implied discussions regarding the manipulation of a case before a specific bench or judge, involving former Punjab chief minister Pervaiz Elahi.

    Earlier this year, in April, senior judges of the Supreme Court, Justice Isa and Justice Masood, had urged former CJP Bandial to convene an SJC meeting to address the misconduct complaints against Justice Naqvi.

    In a joint letter to all SJC members, the judges emphasized the importance of ensuring the impartial investigation of the complaints to uphold the judiciary’s integrity and the judge’s reputation.

  • ‘Your talking to me has placed me in a most embarrassing position’, Former CJ Bandial slammed

    ‘Your talking to me has placed me in a most embarrassing position’, Former CJ Bandial slammed

    Former Chief Justice of Pakistan (CJP) Umar Ata Bandial, before his retirement earlier this month, had a telephonic conversation with Justice Sardar Tariq Masood to discuss a matter of complaints against fellow judges of the apex court, as per The News.

    As per the sources of Geo’s senior reporter Abdul Qayyum Siddiqui, Justice Masood received a phone call from CJ Bandial on the night of September 5, 2023. The two justices had a conversation, initially intended to discuss and resolve complaints against fellow judges of the Supreme Court, which took a bitter turn.

    Sources suggest that during the contentious telephonic conversation, former Chief Justice Bandial extended an offer to Justice Masood. Allegedly, he proposed that if a pending complaint against another judge were withdrawn, then the complaint against Justice Masood would also be resolved.

    Displeased by the call, Justice Masood wrote a letter to the former CJ on September 6, expressing his disapproval. Justice Masood was upset at how the former CJ had called him instead of forwarding the matter to the current members of the Supreme Judicial Council, including Justice Qazi Faez Isa, Justice Ijaz ul Ahsan, the chief justice of the Sindh High Court, and the chief justice of the Lahore High Court.

    The letter penned by Justice Masood — dated September 6 — reads as follows:

    Mr Justice Umar Ata Bandial, Honourable Chief Justice of Pakistan, Islamabad.

    “Dear Sir,

    Yesterday you spoke to me on the phone and informed me that a complaint against me was submitted by Mrs Amina Malik and you asked me what to do with it. Sir, with the greatest of respect I do not think it was appropriate for you to have talked to me about the said complaint. Sir, you’re talking to me has placed me in a most embarrassing position.

    Under the circumstances, it would be best if the said complaint is placed for consideration before the Supreme Judicial Council as I do not want an additional accusation of seeking favour to be leveled against me. I am confident that the Council will attend to it in accordance with the constitution and the law, and if the complaint is found to be false and intended to malign me then the Council will act pursuant to clause 14 of the Supreme Judicial Council (Procedure of Inquiry), 2005.

    Yours very sincerely,

    Justice Tariq Masood”

    Geo News attempted to contact the former chief justice to get his stance on this matter but, as of now, no response has been received.

  • Judges disagreement only on constitutional cases coming to court: CJP Bandial

    Chief Justice of Pakistan (CJP) Umar Atta Bandial has said on Wednesday that judges of the apex court only disagree on whether constitutional cases should come to the Supreme Court (SC) or not.

    While addressing a ceremony hosted by the Supreme Court Bar Association (SCBA) in his honour, the Chief Justice said that judges only disagree on whether constitutional cases should come directly to the apex court or not. “There is no contradiction amongst us on constitutional principles,” he stated, emphasizing that the apex court and judiciary are the protectors of the constitution.

    A large numbers of lawyers along with nearly all SC judges attended the farewell dinner ceremony, however, Justices Yahya Afridi and Mazahar Ali Akbar Naqvi didn’t attend the event.

    CJP Bandial is going to retire on September 16, while Justice Qazi Faez Isa will be the next CJP, joining office on September 17.

  • Justice Isa raises questions over Bandial’s order to stop audio leaks proceedings

    Justice Isa raises questions over Bandial’s order to stop audio leaks proceedings

    Future Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa adjourned the hearing of a commission to investigate the audio leaks which allegedly involved senior judges and their families a day after CJP Umar Ata Bandial’s order to stop all proceedings.

    However, during the hearing today, Justice Isa, who was heading the commission, raised questions on the decision handed out yesterday.

    Commenting on one of the key issues raised in the petitions filed in the SC yesterday, the judge observed that privacy always belongs to the home.

    “One cannot peep into someone’s house; however, there are CCTV cameras on the streets, are they also against privacy?” he asked.

    He said that the commission was doing nothing that would be considered a breach of anyone’s privacy.

    Defending the commission, he said it should, at least, be determined who was releasing the audios and whether they were real or not.

    He further said that there is talk of giving money to a judge in an audio leak, but the investigation has been stopped.

    “It is written in the oath that I will perform my duties according to the constitution and law,” he said.

    “This inquiry commission has been formed under a law — the Commission of Inquiry Act,” he further remarked, adding that people have to do certain things in life that they do not like.

    Further adding that the judges have to conduct such “painful investigations”, he said: “If this commission was not allowed under oath, I would have excused myself.”

    After this, Pakistan Muslim League-Nawaz (PML-N) Senior Vice President Maryam Nawaz attacked CJP Bandial for stopping the investigation of the audio leaks. It is pertinent to mention that one of the many audio leaks allegedly features Bandial’s mother-in-law talking to a Pakistan Tehreek-e-Insaf member’s wife.

    “Bandial deserves to be punished for making a mockery of the law and making a spectacle of the judiciary to save his family”, Maryam said in a tweet.

  • No audio leak commission: Supreme Court suspends govt notification

    No audio leak commission: Supreme Court suspends govt notification

    In a significant development, the Supreme Court issued an order on Friday, suspending the operation of the federal government’s notification regarding the constitution of a judicial panel to investigate audio leaks which included alleged calls made to judges or by their families, that have emerged on social media over the past few months.

    The top court also prohibited the commission from conducting further proceedings.

    Last week, the federal government formed the judicial commission to probe leaked audio clips allegedly involving some current and former members of the superior judiciary and their family members to determine their “veracity” and “impact on the independence of the judiciary”.

    The government said the audio leaks raised serious apprehensions about the independence of the judiciary in the public interest.

  • National Assembly wants to remove Chief Justice

    National Assembly wants to remove Chief Justice

    The National Assembly on Monday unanimously adopted a motion seeking the formation of a special committee to file a reference against Chief Justice of Pakistan (CJP) Umar Ata Bandial in the Supreme Judicial Council (SJC) for “misconduct and deviating from oath”.

    During a fiery session, lawmakers strongly condemned attacks on military installations and state buildings across the country.

    Speaking on the floor of the house, Defence Minister Khawaja Asif said that the time had come for the Parliament to play its constitutional role in the prevailing political crisis.

    “The time has come for the Parliament to send a reference of misconduct to the Supreme Judicial Council, under the authority and law given to it by the Constitution,” Asif stated unequivocally.

    He stressed that recently a section of the judiciary had started supporting a political party.

    The reference motion was moved by Pakistan Peoples Party’s (PPP) Dr Shazia Sobia.

    The parliamentarians also demanded that PTI Chairman Imran Khan be tried under the Army Act.

    Last week, Khan’s arrest from Islamabad High Court (IHC) on Tuesday, prompted his supporters to come out on roads in support of their leader. They have been alleged to have not just damaged properties but also use inappropriate language for top military officials.

  • Audio leak: Chief Justice’s mother-in-law discusses martial law possibilities with PTI lawyer’s wife

    Audio leak: Chief Justice’s mother-in-law discusses martial law possibilities with PTI lawyer’s wife

    Amid the ongoing discussion on the controversial suo moto taken by Chief Justice of Pakistan (CJP) Umar Ata Bandial, an alleged audio leak of a call made by his mother-in-law Mahjabeen Noon has come to light.

    In an audio leak that surfaced on the internet on Sunday, Noon can be heard talking to Pakistan-e-Tehreek Insaf (PTI) lawyer Khawaja Tariq Rahim’s wife, Rafia Tariq, about her concerns regarding CJP Bandial’s safety. Tariq then assured her that the party is with the CJP as many people have been praying for him.

    The two women purportedly also discussed the possibility of martial law being imposed if early elections were not held in Punjab.

    The transcript of the audio is as follows:

    Mahjabeen: Hello Rafia, what is going to happen? I have been praying for Umar [Ata Bandial] since last night, I can’t tell you [how much I] have been praying since the morning.

    Rafia Tariq: I have told people as well and sent a message to Umar. I said that I was present at the Lahore rally. Hundreds of thousands people were there. Similarly, there are hundreds of thousands people in every city. And you just try to estimate how much the world is praying for you right now, which will [increase] your strength and your safety.

    Rafia Tariq: No no, his safety is a must.

    Mahjabeen: Weaken them and strengthen them.

    Rafia: May Allah make the others blind. That’s what I am saying. They are traitors of this country. Look at the way they are doing this.

    Mahjabeen: Exactly. But now they are saying why has he got the authority to do it.

    Rafia: No, but no, no, no.

    Mahjabeen: They are deliberately giving an advantage by putting other things there now.

    Rafia: There is no other thing.

    Mahjabeen: And also questioning why has suo motu been taken by him.

    Rafia: That’s his right.

    Mahjabeen: Umar hasn’t been given this right [suo motu], it had happened earlier.

    Rafia: No, but it’s the right of every chief justice. If you have to change the law then change them in your […vella] not at this time

    Mahjabeen: No, but they can’t change them now.

    Rafia: Not now. They can change it later but not now. The law is there.

    Mahjabeen: Law is there. Exactly.

    Rafia: Yeah. Exactly. [inaudible]

    Mahjabeen: [I told his wife and kids] You don’t come at all. You stay with Umar. He needs you at this moment.

    Rafia: No. Not even Naveen should come and I have told Iman that she should stay with her father all the time.

    Mahjabeen: Yeah, exactly.

    Rafia: At night, I… at night.. at night I sent something to them both, him and Muneeb. Do you know what he sent me [back]? The face that you make while biting the tongue. He was telling me to be careful. Why should I be careful? Why?

    Mahjabeen: May elections be held at the earliest.

    Rafia: Elections… see if they don’t happen then assume there will be martial law. They [govt] cannot stay that’s it.

    Mahjabeen: They are not even ready to impose martial law.

    Rafia: They are ready.

    The audio has sparked controversy in Pakistan, with many people including the general public expressing concern about the political and judicial implications of the alleged conversation.

    It is unclear at this time whether the audio is authentic or fabricated.

    Reactions by the politicians:

    Reacting to the alleged audio leak, PTI Senior Vice President Fawad Chaudhry said that his party has repeatedly asked the Supreme Court to look into the matter.

    Fawad, in his tweet, mentioned that “such illegal phone tapping is punishable by up to three years in prison under the fair trial law.”

    In a statement on Twitter, Pakistan Muslim League-Nawaz (PML-N) Senior Vice President Maryam Nawaz expressed concern that decisions were being made based on the likes and dislikes of wives and mothers-in-law, rather than on the basis of the constitution and law.