Tag: registrar

  • 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.

  • Supreme Court disposes of Justice Faiz Isa’s order to stop all suo moto proceedings

    Supreme Court disposes of Justice Faiz Isa’s order to stop all suo moto proceedings

    A six-member bench of the Supreme Court formed to deliberate on Justice Faez Isa’s order freezing all the suo moto notices, closed the case after a 5-minute hearing.

    The larger bench includes Justice Ijaz ul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Muhammad Ali Mazhar, Justice Ayesha A Malik, Justice Syed Hasan Azhar Rizvi.

    Earlier, Justice Isa, while hearing a case pertaining to the grant of additional 20 marks to Hafiz-e-Quran pre-medical candidates for admission into MBBS/BDS degrees, had issued an order to halt all suo moto hearings.

    Later, a circular was issued by the SC Registrar Ishrat Ali ‘disregarding’ the order, triggering controversy about whether a judicial order can be overruled by an administrative order.

    Regarding the matter, Justice Faez Isa asked the registrar to resign, followed by the federal government removing him from his post.

    The decision was taken during a special meeting of the federal cabinet — held under the chairmanship of Prime Minister Shehbaz Sharif — at the PM House in the federal capital.

    The cabinet examined the issue of issuance of a circular by the registrar against the order of the Supreme Court, a statement read, following which he was asked to report to the Establishment Division.

    On Monday, the brewing crisis in the SC dialed up a notch when Justice Qazi Faez Isa wrote a letter to the Registrar and asked him to immediately withdraw the circular that disregarded the judge’s judicial order about the postponement of suo moto proceedings.

    In his order dated March 29, Justice Isa had written that the Chief Justice of Pakistan does not arbitrary powers to form benches and list cases for hearings. “With respect, the Chief Justice cannot substitute his personal wisdom with that of the constitution,” the stern-worded document said.

    In the letter addressed to Ishrat Ali, the top judge said that he was astonished to receive a ‘Circular’ bearing No. Registrar/2023/SCJ dated 31 March 2023.

    He reminded the officer that “a registrar does not have the power or authority to undo a judicial order, and the Chief Justice cannot issue administrative directions with regard thereto.”

    He wrote that the registrar should be aware of his constitutional responsibility as a senior officer, advising him to leave the charge of the post. 

    Justice Isa is set to become the next chief justice later this year.

  • SC crisis continues as Justice Faez Isa refuses to hear cases, summons court registrar over changes in benches

    SC crisis continues as Justice Faez Isa refuses to hear cases, summons court registrar over changes in benches

    Justice Qazi Faez Isa and Justice Yahya Afridi of the Supreme Court of Pakistan (SCP) have taken notice of the procedure for scheduling hearings in the apex court, summoning Registrar Ishrat Ali to appear before them.

    The court summoned the registrar to appear before the two Justices along with all records, stating that there is no “transparency” in his office.

    The development came after Justice Faez Isa, the second senior most judge in the court, found his bench changed in the morning from what it was yesterday. The future Chief Justice said that the cases whose files he had read yesterday had been changed while the judge who was with him on the bench had been changed too.

    “I am a judge of the Supreme Court, I have also been the Chief Justice of Balochistan High Court for five years. We want transparency, if the registrar transfers the case from one bench to another, how will there be transparency,” Justice Isa asked.

    Faez Isa also said that it seems that a registrar is more powerful than a judge like him. “I cannot hear the cases dated 2010 because the registrar appoints the cases for hearing. Can I call the registrar and ask that put up such-and-such case before the bench?”

    The honourable judge asked the registrar what is the policy of assigning cases. “On April 2, 2022, the court ordered the registrar to fix the procedure for fixing cases, there is no such thing as transparency in fixing cases in the registrar’s office.”

    Ishrat Ali said that cases are set for hearing only with the approval of the Chief Justice of Pakistan. Justice Yahya Afridi then asked that Justice Hasan Rizvi was on ​​the bench, why did the bench change. “What is the procedure for fixing cases?”

    Former President of the Supreme Court Bar, Amanullah Kunrani said that people are tired of asking but our cases are not taken up.

    Justice Faez Isa asked the registrar that why was Justice Yahya Afridi and his bench changed? “Changing the bench without informing raises suspicions in the public mind,” said Isa.

    The Registrar said the Chief Justice’s staff officer verbally instructed that the roster must be changed. Justice Isa said he apologises that he cannot hear his cases today due to the sudden change of bench.

    He also said that a judge’s oath and code of conduct require equal treatment. “Article 10A is included in the fundamental rights, which says that there must be legal reasons for changing the bench.”

    “Arbitrary decision was made by making a bench of will, the dignity of the judiciary will be lower due to lack of transparency. Transparency requires that the case which was entered first should be heard first,” said Justice Isa.