JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI, JUDGE SUPREME COURT OF PAKISTAN vs FEDERATION OF PAKISTAN through Secr

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JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI, JUDGE SUPREME COURT OF PAKISTAN VS FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice, Islamabad O. XXV, R. 9---Civil Procedure Code (V of 1908), O.I, R. 10---Constitution of Pakistan, Arts. 209(5)(b) & 184(3)---Proceedings against a Judge of the Supreme Court before the Supreme Judicial Council---Constitutional petitions under Article 184(3) of the Constitution filed by the Judge, and the complainant/informers of the complaints against the Judge---Whether the informers of the complaints against the Judge on the basis of which the Supreme Judicial Council was proceeding against the Judge were necessary or proper party as respondents in the petitions filed by the Judge, and whether the Judge was also to be impleaded as a respondent in the petitions of the complainant/informers or not---Held, that as the informers had been attending the proceedings of the Supreme Judicial Council and were directed to substantiate their complaints with evidence, therefore, at least they were proper party for adjudication of the present petitions before the Supreme Court---If with regard to any of the complaints any observation was made by the Supreme Court or even as per the pleadings of the petitioner-Judge it was presumed that same were mala fide, frivolous and politically motivated, to consider these pleadings on the basis of which prayer for quashment of proceedings before Supreme Judicial Council was claimed, these could be considered only if complainants/informers were party before the Supreme Court---In the interest of justice, it was necessary in the peculiar circumstances of the present case that the complainants/informers who filed complaints before the Supreme Judicial Council against the petitioner-Judge being proper person be made party as respondent and be heard to satisfy the maxim that no one should be condemned unheard, if the Supreme court wanted to comment upon their complaints---When all the pleadings in the body of the present petitions revolved around the complaints/information by the informers, their impleadment as respondent in these petitions would serve the purposes of justice---Supreme Court gave directions for impleading the complainants/ informers and the Judge as respondents in their relevant petitions.

JUSTICE SAYYED MAZAHAR ALI AKBAR NAQVI, JUDGE SUPREME COURT OF PAKISTAN vs FEDERATION OF PAKISTAN through Secretary Ministry of Law and Justice, Islamabad O — 2024 SCMR 599 SUPREME-COURT

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