ISLAMABAD - Former judge of the Islamabad High Court (IHC) Shaukat Aziz Siddiqui on Wednesday filed an application before the Supreme Court of Pakistan for early hearing of his petition to suspend the notification of his removal as the IHC judge.
The four-page application filed through advocate Ahmed Nawaz Chaudhry stated that the case had been pending before the apex court since 2018 against the Supreme Judicial Council (SJC) report followed by the order of the President of Pakistan and a notification dated 11-10-2018 whereby he was illegally and unconstitutionally removed from his office as the judge of the Islamabad High Court.
Siddiqui submitted that it was apparent from the facts and grounds set out in his constitutional petition that he was removed from his office against the norms of justice, due process of law and in blatant violation and disregard of the rights of fair trial under Article 10-A of the Constitution.
He said that the said report was submitted by the SJC to the President in an unholy haste. “It is bereft of reasons, logic and law. It shocks judicial conscience. Similarly, the order of the President dated 11-10-2018 was passed without application of mind and in complete disregard of the fundamental rights of the petitioner,” he added.
He mentioned that since 2018 no substantial proceedings took place except the issuance of notice after two years in January 2021. The matter got delayed for unknown reasons which were apparent on the face of the record. First frivolous office objections were raised against which a Miscellaneous Appeal was filed which came up for hearing before a larger bench.
The petitioner maintained that the bench vide order dated 25-03-2019 allowed the appeal and directed the office to number the titled constitutional petition and fixed it in the open court. The ex-judge stated that despite unambiguous and clear order, his appeal was fixed for hearing after 11 months. “After getting frustrated by the slackness of the SC fixture branch he was constrained to file an application for hearing on 13-02-2020. On that date the case was adjourned to third week of March 2020 without any substantive proceedings having taken place,” Shaukat Siddiqui submitted.
The ex-judge said that once again the office sat over the file and did not fix the case on the date ordered by the court. It again forced the petitioner to file an application for early hearing and then the case was fixed on 24-09-2020. However, once again it was adjourned with the direction to the SC office to fix the case after one month. But again it was not fixed as directed by the bench.
Siddiqui submitted that since his removal he had not been employed for gain. He stated that like millions of citizens his fundamental rights including due process, dignity and access were guaranteed under the constitution.
The petitioner maintained that his had suffered immense irreparable loss due to the inordinate delay. In the past the apex court decided the constitutional petition of ex-CJP Iftikhar Chaudhry in four months. “Mere grounds of proceedings and report of the Supreme Judicial Council and the bar contained in Article 211 should be no ground to delay the matter.” Shaukat Siddiqui added, “In the light of the judgments of the apex courts and the universal jurisprudence on the matter the said bar is not absolute.”