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.
اہم اعلان
— Mian Dawood (@miandawoodadv) January 10, 2024
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
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.
استعفیٰ کی منظوری کافی نہیں ھو گی۔ اثاثوں کی چھان بین سیاستدان کیطرح جج صاحب اور انکی آل اولاد سب کی ھونے چاہئیے ۔ ترازو پکڑنے والے ھاتھ کا حساب آخرت میں تو اللہ کی صوابدید ھے۔ مگر دنیا میں نہیں کرینگے تو ھم سب برابر کے گناہ گار ھونگے https://t.co/1ISKKY99z1
— Khawaja M. Asif (@KhawajaMAsif) January 10, 2024
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.”
This resignation should be rejected. He should face the SJC and the truth should out.
— Abdul Moiz Jaferii (@Jaferii) January 10, 2024
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. https://t.co/KDoqzkt1wV
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.”
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… pic.twitter.com/iA7lGrVo4r
— Nighat Dad (@nighatdad) January 10, 2024
Journalist Matiullah Jan also questioned the merits of resignation.
جسٹس مظاہر علی اکبر نقوی استعفی دے کر جاتے جاتے اپنی کروڑوں روپوں کی پنشن اور مراعات بچا گئے؟ اور وہ اپنے نام کے ساتھ جسٹس ریٹائرڈ کے الفاظ بھی استعمال کرتے رہیں گے۔ یہ کیسا انصاف ہے کہ بطور جج کروڑوں اربوں روپوں کی پراپرٹی بنا کر استعفی دے دو اور کروڑوں روپوں کی پنشن اور مراعات…
— Matiullah Jan (@Matiullahjan919) January 10, 2024
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.