ISLAMABAD - The Supreme Court of Pakistan Friday set aside the Supreme Judicial Council (SJC) opinion and the notification to remove Shaukat Aziz Siddiqui as the judge of the Islamabad High Court (IHC).
A five-member bench of the SC headed by Chief Justice Qazi Faez Isa and comprising Justice Amin-ud-Din Khan Justice Jamal Khan Mandokhail, Justice Syed Hasan Azhar Rizvi and Justice Irfan Saadat Khan announced the judgment which they had reserved on January 23, 2024.
In view of the judgment, Justice Siddiqui shall be deemed to have retired as a Judge of the IHC and he will be entitled to receive all the benefits and privileges due to a retired judge.
The judgment noted that Justice Siddiqui did not deny having addressed the District Bar Association, Rawalpindi nor contested the correctness of the transcript of his speech. It added that this Council is unanimously of the opinion that in the matter of making his speech before the District Bar Association, Rawalpindi on 21.07.2018 Justice Shaukat Aziz Siddiqui, Judge, Islamabad High Court, Islamabad had displayed conduct unbecoming of a Judge and was, thus, guilty of misconduct and he is, therefore, liable to be removed from his office under Article 209(6) of the Constitution of the Islamic Republic of Pakistan, 1973. The verdict also said that the Report/Opinion of the SJC was submitted to the President of Pakistan2 who apparently was advised by the Prime Minister and his Cabinet of Ministers and the Government of Pakistan through Secretary, Ministry of Law and Justice issued Notification4 which removed Justice Siddiqui from his office with immediate effect.
It stated that under Article 209 (5) and (6) of the constitution an inquiry has to be conducted by the SJC before determining whether a Judge is guilty of misconduct. Article 195 of the Constitution renders further protection to a Judge by stating that a Judge cannot be removed from office except ‘in accordance with the Constitution’, and the Constitution does not permit the removal of a Judge from office without first holding an inquiry with regard to any alleged misconduct. The judgment noted that Justice Siddiqui was not given an opportunity to establish his allegations nor brought face to face with those he had accused. Justice Siddiqui was not given an opportunity to establish the veracity of his allegations, which was incumbent on the SJC when the same formed the basis of Justice Siddiqui’s removal from office. It further said, “The Fundamental Rights enshrined in the Constitution include the right to a fair trial and due process (Article 10A) and all citizens, including Judges, must be dealt with in accordance therewith. However, Justice Siddiqui was deprived of his Fundamental Rights of fair trial and due process.”
It continued that in the case of Justice Shaukat Ali the SJC recorded evidence of witnesses before formulating its opinion and recommending his removal. In the case of Mazahar Ali Akbar Naqvi the SJC recorded the testimony of 14 witnesses, who produced a number of documents, opportunity to cross-examine the witnesses was granted, and only then did the SJC find that Mazahar Ali Akbar Naqvi was guilty of misconduct and should have been removed as a Judge of the Supreme Court