‘Audio leaks’: Another reference filed against Justice Mazahar Naqvi in SJC

• PBC urges SJC to initiate proceedings against Justice Naqvi under Article 209.
• In leaked audio, Elahi is “found” managing courts, says lawyers’ body.
• His assets are disproportionate to his known sources of income, alleges reference.

The Pakistan Bar Council (PBC) on Friday filed a reference against Supreme Court Judge Justice Sayyed Mazahar Ali Akbar Naqvi in the Supreme Judicial Council for “misconduct” after his name surfaced in connection with the recent audio leaks purportedly involving him, former Punjab chief minister Parvez Elahi and others.

The Pakistan Muslim League-Nawaz (PML-N) Lawyers Forum Punjab on March 5 filed a reference against the sitting judge of the apex court for allegedly violating “the judicial code of conduct, the Constitution and the law".

References started filing against Justice Naqvi after the PML-N named two top court judges for being "biased" against the party and its leadership. In the leaked audio, the ex-CM can be heard allegedly talking about managing courts.

The PBC filed its complaint of misconduct against the sitting judge of the top court with the SJC under Section 5(1) of the Supreme Judicial Council Procedure of Inquiry, 2005 read with Article 2009 of the Constitution of Pakistan.

“Article-III of the Code of conduct requires a judge to be about the approach and for this purpose to keep his conduct in all things, official and/or private, free from impropriety is expected of a judge. The conduct exhibited and displayed by the respondent judge in audio leaks is a clear violation of the referred article,” the reference alleged.

In its reference, the PBC stated that the Punjab ex-chief minister, in the viral audio, “is found to be clearly instructing a learned counsel to get an important case fixed before the respondent judge.

The lawyers’ body said that it has created and triggered a public perception on a larger scale against the independence, sanctity and dignity of the superior judiciary, warranting inquiry into the matter.

The reference further alleged that the assets of the respondent judge clearly present a lucid picture of his assets being disproportionate to the source of his lawfully known income.

Assets beyond means

Last month, a reference had been filed against Justice Naqvi in the SJC for having assets beyond means.

The reference was filed by Advocate Mian Dawood in which the SJC was requested to initiate an inquiry against the judge's assets worth Rs3 billion.

The reference has been filed under Clause (5) of Article 209 of the Constitution, stating that Justice Naqvi has "violated" the Code of Conduct for judges of the apex court.

The reference requested the SJC to initiate an “independent and detailed” inquiry against Justice Naqvi and remove him from office if proven guilty.

“Justice Mazahar Ali Akbar Naqvi as the Justice of the Supreme Court of Pakistan and his family members have been found involved in following malpractices and misuse of power in a criminal-designed pattern during his service,” the reference alleged.

It claimed that the judge used his position to facilitate his sons and daughter studying abroad and getting financial gains from a businessman.