SC nullifies notification of dismissal from service in respect of former judge IHC
ISLAMABAD (Online): Supreme Court (SC) has declared null and void the notification regarding sacking of former judge Islamabad High Court (IHC) Shaukat Aziz Siddiqui.
A five-member larger bench comprising Justice Aminuddin, Justice Jamal Mandokhel, Justice Hassan Azhar Rizvi and Justice Irfan Saadat headed by Chief Justice Qazi Faiz Isa issued the reserved judgment.
The SC said in its decision appeals against the dismissal of Shaukat Aziz Siddiqui are accepted.
Shaukat Aziz Siddiqui should be given all the privileges of a retired judge.
Due to delay in fixation of case Shaukat Aziz Siddiqui has completed his 62 years age. He cannot be reinstated due to completion of his age.
The court said in its decision Shaukat Aziz Siddiqui will be consdred retired judge from high court.
SC had reserved judgment of the appeal against the dismissal of Shaukat Aziz Siddiqui on January 23.
During the hearing of the case CJP Qazi Faez Isa had remarked we will have to proceed cautiously so that the constitutional balance among the institutions is not disturbed.
During the hearing of the petition filed by Shaukat Aziz Siddiqui on December 15, 2023, SC had issued notices to former DG ISI Lt Gen (Retd) Faiz Hameed. Brig (Retd) Irfan Ramay, former chief justice IHC Anwar Kasi and former registrar SC Arbab Arif.
Former DG ISI Lt Gen (Retd) Faiz Hameed had filed reply in this case in SC on January 22.
Shaukat Aziz Siddiqui was removed from the judicial office on the recommendations of the Supreme Judicial Council under Article 209 of the Constitution for misbehavior as a judge for a speech at the District Bar Association Rawalpindi on 21st July 2018.
It would be difficult to categorize such a determination as fair or one which accorded with the requirements of due process. Justice Siddiqui was not given an opportunity to establish the veracity of his allegations, which was incumbent on the SJC when the same formed the basis of Justice Siddiqui’s removal from office.
The Fundamental Rights enshrined in the Constitution include the right to a fair trial and due process (Article 10A) and all citizens, including Judges, must be dealt with in accordance therewith. However, Justice Siddiqui was deprived of his Fundamental Rights of fair trial and due process. Article 209 does not stipulate that in determining whether a Judge is guilty of misconduct he is denuded of the Fundamental Rights nor permits the SJC to act contrarily to them,” it added.
The written order further stated, “In all prior cases when proceedings were initiated against Judges which resulted in their removal from office it was done after the recording of evidence. Evidence was recorded in the case of Justice Akhlaque Hussain before rendering the opinion that he should be removed from his office. In the case of Justice Shaukat Ali the SJC recorded evidence of witnesses before formulating its opinion and recommending his removal. And, in the recent case of Mr. Mazahar Ali Akbar Naqvi the SJC recorded the testimony of 14 witnesses, who produced a number of documents, opportunity to cross-examine the witnesses was granted, and only then did the SJC find that Mr. Mazahar Ali Akbar Naqvi was guilty of misconduct and should have been removed as a Judge of the Supreme Court.”
The judgment said, “The Code of Conduct issued by the SJC does not prohibit a judge from addressing a bar association or even a public gathering, neither does any law. The SJC without ascertaining the veracity of the allegations, and without conducting an inquiry, had determined that Justice Siddiqui was guilty of misconduct merely because he had taken the matter public. If all that Justice Siddiqui alleged was true then it would be unjust and unfair to punish him for highlighting wrongdoing at the highest level. But, if on the other hand what he had alleged was found to be false then he would be guilty of misconduct. The allegations were serious and their veracity should have been ascertained, which is also what the Chief of Army Staff and the Government of Pakistan had explicitly requested. Unless the law governing an individual prohibits disclosure, telling the truth is never made punishable.”
The plea was heard by a five-judge larger bench headed by CJP Qazi Faez Isa and comprising Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Syed Hasan Azhar Rizvi and Justice Irfan Saadat Khan.
It may be mentioned here that On October 11, 2018, former president Arif Alvi notified the removal of Justice Siddiqui as a judge of the IHC on the recommendation of the SJC into a matter pertaining to his controversial speech before the District Bar Association in Rawalpindi on July 21, 2018.
