SC sets aside dismissal of former IHC judge Shaukat Aziz Siddiqui
The Supreme Court (SC) on Friday set aside the dismissal of former Islamabad High Court (IHC) senior puisne judge Shaukat Aziz Siddiqui.
In January, a five-member bench — led by Chief Justice of Pakistan (CJP) Qazi Faez Isa and including Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Hasan Azhar Rizvi, and Justice Irfan Saadat — had reserved its verdict on Siddiqui’s plea against his removal. The proceedings of the case were broadcast live on the apex court’s website.
In his petition, the former judge had challenged a decision of the Supreme Judicial Council (SJC) about his dismissal from service and an Oct 11, 2018 notification under which he was removed for a speech he had delivered at Rawalpindi Bar Association.
In his speech, Justice Siddiqui had accused the Inter-Services Intelligence (ISI) of influencing the court proceedings and forming benches of choice.
Siddiqui had nominated seven individuals in his amended plea, however, the court remarked that three others — former chief of army staff Qamar Javed Bajwa, and two retired brigadiers Faisal Marwat and Tahir Wafai — had no direct connection with the case.
On January 22, former ISI director general retired Lt Gen Faiz Hameed submitted his response to Justice Siddiqui’s petition, wherein he rejected the allegations of his involvement in constituting IHC benches to prolong the detention of former premier Nawaz Sharif and his daughter Maryam Nawaz. The ex-spymaster claimed Justice Siddiqui had dragged him into the case for no reason.
In the last hearing, the SC had raised questions about whether the SJC followed due process before ordering his termination.
Last month, in a 23-page concise statement submitted to the SC, Gen Faiz and Brig Irfan Ramay, through their counsel Khawaja Haris Ahmed, contended that the Constitution does not provide for the continuation of SJC proceedings against judges who either resigned from office or retired on reaching superannuation prior to the conclusion of such proceedings.
In its written verdict issued today, the SC said that the SJC’s opinion about Siddiqui’s dismissal and the subsequent notification issued on Oct 11, 2018 were “set aside”.
The apex court noted that a “delay that occurred in hearing and deciding these petitions meant that in the interregnum, Justice Siddiqui attained the age of 62 years, at which age a judge of the high court retires”. “Therefore, Justice Siddiqui cannot be restored to the position of jduge,” the verdict said.
“Consequently, 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, by allowing these petitions in the above term,” it stated.
The apex court observed that a “failure to abide by the fundamental right of due process resulted in Justice Siddiqui being treated unfairly and it was conjecturally assumed that he was making false allegations”.
It emphasised that the “SJC must only adjudge in accordance” with the code of conduct it was empowered to issue, which was “concomitant in ensuring the independence of the judiciary”.
More to follow