Pakistan: Justice Naqvi Challenges Registrar’s Jurisdiction in Response to Revised Show-Cause Notice

On December 4, Justice Sayyed Mazahar Ali Akbar Naqvi once again approached the Supreme Court of Pakistan, expressing his intention to pursue the constitutional petition previously submitted to challenge the revised show-cause notice (SCN) issued by the Supreme Judicial Council (SJC).

The latest application was submitted in response to a notice dated Nov 30 from the registrar’s office, seeking information on whether the respondent judge (Justice Sayyed Mazahar Ali Akbar Naqvi) plans to proceed with the petition filed before the court.

On Nov 22, the SJC issued a revised SCN to the judge, instructing him to present his defence within a fortnight. Justice Sayyed Mazahar Ali Akbar Naqvi subsequently contested the notice in the apex court.

In response to the fresh notice from the registrar’s office, the respondent judge argued that the notice was ultra vires (beyond legal power or authority) of the Supreme Court Rules, 1980, and the Supreme Court (Practice and Procedure) Act, 2023 (“2023 Act”).

The application asserted that the registrar lacks the authority to inquire whether the respondent judge wishes to proceed with a case, emphasizing that the notice is without jurisdiction and holds no legal weight.

The respondent judge also appealed to the apex court to withdraw the fresh notice and present the constitutional petitions filed by him before the committee established under Section 2 of the Supreme Court (Practice and Procedure) Act 2023, seeking appropriate orders.

The application emphasized that the petition raises questions of public importance related to the enforcement of fundamental rights, necessitating the interpretation of various constitutional provisions, including but not limited to Articles 4, 9, 10A, 14, 25, 209, and 210 of the Constitution of Pakistan.

It argued that the registrar lacks authority under the Supreme Court (Practice and Procedure) Act 2023 to determine the maintainability of petitions under Article 184(3) of the Constitution.

Furthermore, the Supreme Court of Pakistan consistently holds that the maintainability of a petition is to be decided by a bench of the apex court, not by the registrar.

The application also contended that the registrar lacks the authority to decide whether any constitutional petition involves the interpretation of constitutional provisions, as this authority is exclusively vested in the committee under Sections 3 and 4 of the 2023 Act.

Meanwhile, Mian Dawood, a Lahore-based lawyer and one of the complainants against Justice Sayyed Mazahar Ali Akbar Naqvi, has submitted an application before the SJC, requesting that Justice Ijazul Ahsan, a council member, recuse himself due to his differing stance on the issuance of the SCN and the revised SCN to Justice Sayyed Mazahar Ali Akbar Naqvi.