The Supreme Court reserved the decision of Shaukat Siddiqui dismissal case

The Supreme Court reserved its verdict on the appeal against the dismissal of former Islamabad High Court judge Shaukat Aziz Siddiqui. A 5-member larger bench headed by Chief Justice of Pakistan Qazi Faiz Isa heard the appeal against the dismissal of former judge Islamabad High Court Shaukat Aziz Siddiqui, in which Lt. Gen. (Rtd) Faiz Hameed…

At the beginning of the hearing, the Chief Justice asked whether you are admitting or rejecting Shaukat Siddiqui’s allegations. On this, Khawaja Haris said that we are rejecting all the allegations.

Shaukat Siddiqui’s lawyer Hamid Khan argued that Lieutenant General (retd) Faiz Hameed is denying the allegations. .

The Chief Justice asked the Additional Attorney General whether an inquiry had been conducted. Additional Attorney General said that when Shaukat Siddiqui admitted the speech, no inquiry was conducted.

The Chief Justice said that the facts that the Attorney General has said have not been investigated, now tell me what you suggest, how to proceed? What will happen if Shaukat Siddiqui’s allegations are not true? The opposing parties are denying what Shaukat Siddiqui is saying, what should be done to find out who is true and who is not? Can the allegations be proven true in the inquiry, but can they still be removed in public? Also tell us the solution to the problem.

Shaukat Siddiqui’s lawyer said that the Supreme Court should annul the order of the Supreme Judicial Council, a judicial commission should be formed to inquire into the speech of my client. Hamid Khan said that the Supreme Court has been forming commissions in the past.

Justice Qazi Faiz raised the question that if the allegations are proved false in the inquiry, will the decision to remove the judge be upheld? We asked those who were accused to be parties, who will find the truth now? We are looking for a solution to the problem.

The court said that here is a question of respect for constitutional institutions, in these circumstances, the question is whether we should issue an order, the way the allegations were made, whether it was appropriate for a judge, we should not forget the facts.

The Chief Justice said that if a judge is removed for giving a speech, then half of the judiciary will go home. Many judges give speeches in the meetings of the Bar Councils. The problem is not the speech but the text of the speech. The problem is when you make accusations against someone in your speech, judges in Britain also give interviews, Supreme Court judges in America also participate in debates, if the allegations are true, then what is Shaukat Siddiqui as Was the judge procedure appropriate? Speeches are also of two types, there is no restriction on the judge to give a speech.

Justice Qazi Faiz asked whether the court itself can investigate this matter. Can the Supreme Judicial Council case be remanded constitutionally? On this, Khawaja Haris said that the case cannot be sent back to the Supreme Judicial Council, Shaukat Siddiqui has retired and cannot be reinstated as a judge.

The Chief Justice said that the parties are admitting that a complete inquiry has not been done, in the proceedings against the judge, where will his right to a transparent trial go?

Meanwhile, the Attorney General took the stand that removing Shaukat Siddiqui without an inquiry is against the stipulated legal requirements, a judge cannot be removed without an inquiry, it is a matter of fundamental right.

The Chief Justice asked whether Shaukat Siddiqui was charged? Hamid Khan said that a show-cause notice was given but no charges were filed, proceedings were also ongoing against former Chief Justice of Islamabad Anwar Kasi in the council.

Justice Irfan Saadat said that the proceedings against Shaukat Siddiqui lasted for 2 months, the reply was also submitted, it is not correct to say that Shaukat Siddiqui was not given a chance to clean up, he had also submitted two replies.

The Chief Justice said that the Supreme Judicial Council is a strong constitutional body, you were saying to form an inquiry commission? What is the need to form a commission in the presence of judicial council? Read Article 210, the Supreme Judicial has wide constitutional powers, every constitutional body or institution has the right to independent decision, the Supreme Court is not the guardian of any constitutional body including the Supreme Judicial Council, the Supreme Court only acts in case of constitutional violation. It may come, in the present case, one has to be very careful so that the constitutional balance established between the institutions is not disturbed, the decision of Shaukat Siddiqui case can also be used as a judicial precedent for 50 years.

Later, the court reserved its decision on the appeal after the arguments of the parties were completed.