ISLAMABAD: The Supreme Court will take up Shaukat Aziz Siddiqui's petition regarding his removal as judge of the Islamabad High Court (IHC) on September 24th. A five-member bench, headed by Justice Umar Ata Bandial, will hear the petition.
The bench on 13th February, 2020, had heard his case, and then adjourned it with the direction to the SC office to fix it in 3rd week of March. However, on that date the case could not be fixed. Shaukat Siddiqui was removed by president of Pakistan, subsequent to the Supreme Judicial Council (SJC)'s report.
He, therefore, in October last year, had filed petition under Article 184(3) read with Articles 187 and 190 of the Constitution praying that the SJC report and notification be set aside, and he may be restored as judge of the IHC. Siddiqui contended that he had been deprived of his constitutional and legal rights including protection under Articles 4, 10A and 25 of the Constitution, which resulted into the report of the SJC and the notification.
He submitted that the report of the SJC was not a judicial decision, and it was 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 the SJC was considered of submission to the president.
The ex-judge of the IHC stated that on the one hand, the SJC observed that it was 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 was thus made with an unholy haste. Shaukat Aziz Siddiqui said that he had allegedly propagated a report against armed forces and the 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 worthy 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.
Copyright Business Recorder, 2020
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