ISLAMABAD - The Supreme Court of Pakistan Thursday issued notices to the federal government and Attorney General for Pakistan regarding removal of Shaukat Aziz Siddiqui as a judge of Islamabad High Court (IHC).
A five-member special bench of the apex court headed by Justice Umar Ata Bandial conducted hearing of Shaukat Siddiqui’s petition against the Supreme Judicial Council’s recommendation to remove him.
Advocate Hamid Khan, representing former judge of the IHC, submitted that the SJC proceedings against his client were held by dispensing the inquiry procedure envisaged under the Procedure of Inquiry, 2005 – Supreme Court of Pakistan as a result of that his client was deprived of open trial and due process, and the requirements associated for fair determination of the facts.
The counsel, relying upon the apex court judgment in ex-CJP Chaudhry Iftikhar case, asserted that the right recognized by the law with respect to a judge facing the SJC proceedings was violated. He submitted that the proceedings against his client were without jurisdiction and failed to meet the standard prescribed in the apex court judgment.
Hamid Khan contended that he may surpass the test mentioned in Article 211 of Constitution. The bench noted that the question whether the petition is maintainable in the light of the bar in Article 211 of Constitution needed to consider the scope and effect of the bar in view of the claim made by the petitioner. The bench therefore issued notices to the federal government and the Attorney General for Pakistan. The counsel requested the bench to give a specific date as his client is due to retire on 30th June, this year. Justice Bandial, therefore, directed the office to fix this case next month (February).
Shaukat Siddiqui was removed by President of Pakistan subsequent to the Supreme Judicial Council report. He, therefore, in October 2019 had filed petition under Article 184(3) read with Articles 187 and 190 of Constitution praying that Supreme Judicial Council (SJC) report and notification be set aside and he may be restored as judge of the Islamabad High Court.
Siddiqui contended that he had been deprived of his constitutional and legal rights including protection under Articles 4, 10A and 25 of Constitution which resulted into the into the report of SJC and the notification.
He submitted that the report of Supreme Judicial Council is not a judicial decision and it is the nature of an advice. The President (the Cabinet) has to apply its mind and made a decision. However, in the instant case admittedly no cabinet meeting was held wherein the report of SJC was considered of submission to the President.
The ex-judge IHC stated that on one hand the SJC observes that it is only examining the propriety of the making of speech but on the other it goes on to discuss each and every allegation in their entirety and gave findings thereon in the absence of evidence or an opportunity of fair trial and due process to the petitioner. The whole exercise of was thus made with an unholy haste.
Shaukat Aziz Siddiqui said that he had been accused of propagating a report against the armed forces and judiciary in his speech before the Rawalpindi Bar Association on 23-07-2018. It is submitted that the speech cannot be made the basis for removal of judge.
He stated that he was discriminated against for making a public speech while the chairman of the SJC (ex-CJP Saqib Nisar) went on making speeches, addressing Bar Council, attending conventions and meeting members of the armed forces, including the Chief of Army Staff, Chief of Air Staff and even declaring that whole judiciary was incompetent. Shaukat Aziz Siddiqui stated that he only pointed out interference being by some of the elements in the administration of justice.