ISLAMABAD: The Supreme Court (SC) of Pakistan on Wednesday rejected the objections raised by registrar office regarding maintainability of a petition filed by Lahore High Court’s (LHC) Justice Mazahir Ali Naqvi.
The top court while allowing the petition for hearing observed that deciding maintainability of petitions is jurisdiction of top court’s bench.
A three-member bench headed by Justice Amir Hani Muslim heard the petition of Justice Mazahir Ali against the reference issued to him by Supreme Judicial Council (SJC). The SJC has served a show-cause notice to the LHC judge on April 19, under sub-Para (1) of Para 9 of the SJC’s Procedure of Enquiry, 2005 over his alleged misconduct.
During the preliminary hearing, Raza Kazim, counsel for accused, argued that the registrar has no jurisdiction to return the application of his client. He prayed before the court to turn down the objections.
The registrar on May 3 had returned the petition for not being entertain-able, saying that the petitioner is directly invoking the extraordinary jurisdiction of the Supreme Court under Article 184(3) of the Constitution for the redressal of an individual grievance, which is not permissible in terms of judgment reported as 1998 SCMR 793 titled as ‘Zulfiqar Mehdi vs PIA”.
Justice Naqvi has also sought interpretation and enforcement of Articles 2-A, 4, 9, 10-A, 19, 25, 209, 210 and 211 of the constitution.
