ISLAMABAD: The Supreme Court on Tuesday adjourned the hearing on former Islamabad High Court Justice Shaukat Aziz Siddiqui’s appeal to date in office.
A five-member larger bench of the apex court headed by Justice Umar Ata Bandial and comprising Justice Sardar Tariq Masood, Justice Ijaz Ul Ahsan, Justice Mazhar Alam Khan Miankhel and Justice Sajjad Ali Shah heard the case seeking setting aside of report/opinion of Supreme Judicial Council and notification issued by the Ministry of Law dated 11.10.2018.
During the course of proceedings, Advocate Hamid Khan, counsel for Shoukat Aziz Siddiqui while continuing his arguments, said according to the Constitution, the SJC conducted its own inquiry.
Justice Mazhar Alam asked did the SJC itself recorded statements in the inquiry.
Hamid Khan replied all records and evidence had to be reviewed by the SJC. He said his client was removed from office by issuing a show-cause notice.
He said the SJC had the power to make inquiries against a judge but could not dismiss a judge. He said Justice Shaukat Aziz Siddiqui had replied to the show-cause notice.
Shaukat Aziz Siddiqui denied any links with any officer in the army, with his lawyer telling the SC that a top intelligence officer had allegedly himself visited the judge at the latter’s residence.
During the hearing, senior counsel Hamid Khan, who is pleading Siddiqui’s case, argued that his client had been “deliberately targetted” by some forces.
Khan said Siddiqui had been removed in 2018 with mala fide intent after SJC issued him a show-cause notice.
“While the SJC has the authority to conduct an inquiry against a judge, it cannot dismiss him,” the lawyer argued.
Khan recalled that Justice Siddiqui had submitted a reply, the same year, to the show-cause notice issued to him.
Siddiqui, in reply to the notice, said that “General Faiz Hameed [current DG ISI] came to his residence”, the lawyer told the court, adding: “Gen Faiz asked [Siddiqui] to withdraw the order for the removal of encroachments from [outside] the ISI headquarters and green belts.”
At this, Justice Bandial remarked that it was “surprising” that the ISI chief had made such a demand from Siddiqui.
“You were dismayed at something else and you insulted your own institution and the chief justice,” the judge said while addressing Siddiqui, who was present in the court.
“You are accepting yourself that you had meetings with the DG,” Justice Bandial told him. “You met him twice; you had relations with him.”
This prompted Justice Siddiqui to stand up in his seat and reply, “I have no relations with anyone in the army,” adding that he was residing in Islamabad along with his family “despite all kinds of threats”.
Justice Bandial assured the former judge that members of the court knew that he was an “honest person”.
Siddiqui then said he had delivered the speech that led to his ultimate sacking “to reduce the pressure” on judges.
“Unfortunately, I have been under pressure since December 2015,” the former judge said, alleging that former chief justices Mian Saqib Nisar and Asif Saeed Khosa “had always wanted to show me the door”.
“We don’t want to hear your speech,” Justice Bandial replied, saying Siddiqui had “started naming names”.
Justice Bandial told Siddiqui that he was “angry at the ISI” but had resorted to disrespecting the judiciary.
“You should have worked for the protection of your institution. Think of the institutions that work for the protection of the judiciary,” he said.
Siddiqui’s counsel Khan said: “The bar too works for the protection of the judiciary.”
Justice Bandial replied that although the bar was always present for the assistance of judges, “with due respect, the bar has its own policy according to which it functions”.
“It was due to the bar’s criticism that Justice Iqbal Hameedur Rehman resigned. The bar often gets emotional,” the judge added.
The hearing of the case was adjourned indefinitely.
