Pleas against SJC report: SC urged to array Bajwa, Faiz and others as respondents

ISLAMABAD: Former judge of the Islamabad High Court (IHC) and Islamabad Bar Association (IBA) prayed to the apex court to array former army General Qamar Javed Bajwa (retd), ex-ISI Chief Lt-General Faiz Hameed (retd) and others as respondents in their petitions, filed against the Supreme Judicial Council (SJC)’s report.

Justice Siddiqui and IBA counsel, on Thursday, after the court proceeding, held earlier in the day, filed separate applications impleading that former Chief of Army Staff General Qamar Javed Bajwa (retd), ex-DG Inter-Services Intelligence Lt-Gen Faiz Hameed (retd), Brig Irfan Ramay (retd), Brig Faisal Marwat (retd), and Brig) Tahir Wafai (retd) are made as respondents.

They also prayed that the federal government through Secretary Ministry of Law and Justice, former Justice Anwar Khan Kasi, and former SC Registrar Arbab Rahim be arrayed as parties in the instant case.

Earlier, a five-judge, headed by Chief Justice Qazi Faez Isa and comprising Justice Aminuddin Khan, Justice Jamal Khan Mandokhel, Justice Syed Hasan Azhar Rizvi, and Justice Irfan Saadat Khan, on Thursday, heard ex-judge IHC Shaukat Aziz Siddiqui and IBA petitions, which they have filed in 2018, against the SJC’s recommendations and the notification to remove Justice Siddiqui as a judge of the IHC. The proceeding was telecast live on the Supreme Court YouTube channel.

During the proceedings, the bench pointed out to the petitioners that allegations made in the speech and the replies by Shaukat Aziz Siddiqui implicate, directly or indirectly, certain former officers of the Pakistan Army and the Inter-Services Intelligence and it is just and proper that they be personally impleaded in the instant petition so as to allow them an opportunity of hearing regarding the said allegations prior to any order that may be passed herein that may directly or indirectly affect them.

The chief justice told the lawyers of Shaukat Siddiqui and the IBA that serious allegations have been levelled against some personalities who were not present before them, adding those accused in the case must be made parties.

Hamid Khan and Salahuddin, who respectively represented Shaukat Siddiqui and the IBA, said if the court wants then they would do it.

Justice Faez said: “We are not here to tell you to make anyone a party. We will not hear a single word against anyone unless you make them a party. You have levelled allegations against certain personalities, but have not made them parties.” He; therefore, advised them either to remove all the allegations against the persons mentioned in the petitions or make them a party and then they would hear on constitutional and legal points.

He inquired from Hamid Khan when the last time the case was heard. The counsel replied that his client was removed by the SJC in 2018 and thereafter he had filed a petition before the apex court that was heard on different dates, but it was not decided yet. He informed that last time the case was heard by a five-judge bench, headed by ex-CJP Umar Ata Bandial, and comprising Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel, and Justice Sajjad Ali Shah in June 2022.

The chief justice said the three judges who had earlier heard the case retired, while the other two judges don’t like to hear it further. He said the present bench is constituted by the Committee in light of the Supreme Court (Practice and Procedure) Act, 2023, adding all the judges in the bench have not heard the case; therefore, start from scratch.

Hamid Khan then read the speech of Justice Siddiqui, which became the main ground for his removal by the SJC.

The IBA prayers in its petition, inter alia, are to set aside the SJC’s report and the notification issued thereafter by the Law Ministry; moreover to direct an independent inquiry headed by a judge of the Supreme Court into the allegations made by Shaukat Aziz Siddiqui in his speech of 21.7.2018 and his replies before the SJC relating to interference by then officers of intelligence agencies in the functioning of the superior judiciary including the formation of benches and fixation and decision of cases.

Copyright Business Recorder, 2023