Islamabad - Justice Shaukat Aziz Siddiqui of the Islamabad High Court on Friday urged Chief Justice of Pakistan Justice Saqib Nisar to respect fellow judges and do not pass personal or derogatory comments against them.
He made the remarks while hearing a land encroachment case wherein it had previously directed the Inter-Services Intelligence (ISI) to clear the road in front of its office within a week.
The single bench comprising Justice Siddiqui allowed deputy attorney general’s request for more time to remove the barricades and summoned ISI director general and defence secretary on July 4.
During the hearing lawyer Raja Inam Ameen Mihas argued that in a case about private school fees, which was also heard by Justice Siddiqui, the apex court had upheld the status quo and remanded the case back to the Islamabad High Court (IHC).
In that case, Justice Siddiqui had earlier restrained private schools from collecting fees during summer vacation.
But a lawyer petitioned the Supreme Court on Thursday arguing that the IHC had passed a restraining order while assuming suo motu powers even though they are not vested to high courts.
Justice Nisar remarked in response that the "order [in the school fee case] shows the mindset of the author judge [Justice Siddiqui]", and he remanded the case back to the high court.
Upon being reminded of the CJP's remarks by the lawyer during yesterday’s hearing, Justice Shaukat Siddiqui said he would like to convey to the CJP that all judges are equally respectable, learned and dignified personalities.
He remarked that while Justice Saqib has the right to set aside, modify or uphold the verdicts of other judges, he does not have the right to humiliate them in open court.
“Judges who are ridiculed by the CJP will be bound to respond to the comments, which will be damaging to the judicial institution,” he said.
Siddiqui continued that if the CJP would not respect the subordinate courts then they would also not be responsible for defending the institution.
In the matter of encroachment by the ISI on the Shahra-e-Suharwardy and adjacent green belt near Aabpara, DAG Arshad Mahmood Kayani submitted that the matter was being discussed at the highest level.
He requested the court to grant appropriate time for giving a schedule to clear the 40 Kanal land, which according to defence ministry officials, was occupied for security reasons.
Justice Siddiqui passed the order, allowing time until July 4 and directing Defence Secretary Zamirul Hassan Shah and ISI DG Lt Gen Naveed Mukthar to appear on that date.
In a similar matter of encroachment, the IHC bench granted time till August 1 to two private TV channels to shift their setups from residential areas.
It added that officials from ICT administration, CDA and SSP Traffic shall appear before the court to make statements on the steps taken to remove the encroachments in sector G-8 Markaz and from street No 94 of sector I-8/4 Islamabad.
The court also directed Metropolitan Corporation Islamabad chief officer to appear before it on the next date of hearing.
SHAHID RAO/agencies