The Supreme Judicial Council on Tuesday adjourned the proceedings against Justice Shaukat Aziz Siddiqui, a judge of Islamabad High Court, for an indefinite period. At the outset of the hearing, Tariq Asad came to the rostrum and recited verses from the Holy Quran. Later, the lawyer told Chief Justice Mian Saqib Nisar, who is Chairman of Supreme Judicial Council (SJC), that he had filed a 'comprehensive' reference against him.
The five-member SJC is led by Chief Justice of Pakistan Mian Saqib Nisar, and comprises two senior most judges of the Supreme Court Justice Asif Saeed Khan Khosa and Justice Gulzar Ahmed and two chief justices of the high courts.
Tariq Asad said: "It is the first reference on my behalf and substantive material has been provided against Chief Justice Saqib Nisar in it." There are sufficient grounds in the reference for proceeding against the Chief Justice. "It is my request that the Supreme Judicial Council should take action on my complaint," he added.
Tariq Asad claimed that the case against Justice Shaukat Aziz Siddiqui was fixed for hearing at the behest of intelligence agencies and the Chief Justice is not independent; therefore, he should not sit in the Council.
Justice Gulzar Ahmed, a member of the SJC, asked him: "We heard you and will take up your petition when its turn will come."
Justice Asif Saeed Khan Khosa told the lawyer; "Thank you very much for the information and now you take your seat." Tariq Asad then sat down.
Hamid Khan, the counsel for Justice Shaukat Siddiqui, told the bench that he got the order of the previous day (Monday) proceeding. He also said, "I am planning to move a petition under Article 184(3) of Constitution so you should fix it as well."
The Chief Justice told him to submit the application in the office and they would examine it. Hamid Khan then contended that in the order on Monday last, it was mentioned that the counsel for the accused had cross-examined the witness and he submitted a 7-page affidavit, which has become part of the record. He said it has not been reflected in the order that 7-page affidavit became part of record with the complaint of Anwar Gopang through CMA 2012.
Justice Khosa told the counsel; "What I understood you wanted to point out that the examiner-in-chief of Gopang brought the affidavit on record."
The Chief Justice said these are not judicial but the quasi-judicial proceedings. He then asked Hamid Khan: "Whatever you want, we will write that in the order and whatever is missing, we will accommodate that in the order."
Attorney General for Pakistan Khalid Jawed said that CMA/2012 is the entire record. The Chief Justice inquired from the AGP which documents he wanted to exhibit. "Have you made any reference of the documents that should be made part of this case?"
Hamid Khan said it is needed to identify documents that will be relied upon. The court observed that former Attorney General Maulvi Anwar-ul-Haq was engaged to assist AGP Khalid Jawed but he is on leave and will come back next week.
The Chief Justice then took a 10-minute break and asked the attorney general to identify the documents which he wanted to rely upon. After the interval the AGP informed the bench that all the documents are scattered therefore time is required to identify them, which is not possible now.
Justice Khosa said let Maulvi Anwarul Haq come, adding he will reach in the first week of August. The AGP said new government will be formed by the next week and added that as the evidence has to be recorded then it would not be nice that he leaves halfway.
Hamid Khan said that his client is also going abroad from August 9 to 22.
The Chief Justice then adjourned the hearing for an indefinite period.
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