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In a recent development, the lawyer representing Justice Mazahir Naqvi asserted before the Supreme Judicial Council that the government lacks legal grounds to proceed against the retired justice. Consequently, the government has expressed its intention to challenge this legal interpretation through an appeal to the Supreme Court.
During a significant meeting of the Supreme Judicial Council chaired by Chief Justice Qazi Faiz Isa, complaints against Justice Mazahir Naqvi were deliberated upon. Subsequently, the Council issued a notice to Justice Naqvi and his legal representative, Khawaja Haris. Notably, Justice Mazahir Naqvi, facing complaints, tendered his resignation.
The registrar read aloud the response from Mazahir Naqvi’s counsel, Khawaja Haris, contending that the Council’s authority pertains solely to acting judges, not retired ones. The Attorney General announced the government’s decision to challenge this ruling, particularly in the Aafia Shahr Bano case.
Khawaja Haris’s assistant lawyer, currently en route from Lahore, objected to the Council’s actions, emphasizing that Mazahir Naqvi is no longer a serving judge, and therefore, disciplinary measures should not apply.
Chief Justice Qazi Faiz Isa referenced the Aafia Shahr Bano case decision, stating that the Supreme Judicial Council has jurisdiction over sitting judges. The case is slated for further deliberation after the February 8 elections, with a proposed hearing on February 15th, 16th, or 17th.
The Supreme Judicial Council proceedings were adjourned until February 15, and the order issued today indicated the Attorney General’s intention to appeal the decision in the Aafia Shahr Bano case. Simultaneously, the federal government has decided to challenge the ruling against taking action on retired judges, formalizing its stance through the Attorney General before the Supreme Judicial Council.