During the hearing of the petition filed by the Supreme Court against the dismissal of former Islamabad High Court judge Shaukat Aziz Siddiqui, former Director General of Inter-Services Intelligence (ISI) Lt. Gen. (retd) Faiz Hameed, Brigadier (retd) Irfan. Rame, former Chief Justice Islamabad High Court Anwar Kansi and former Registrar Supreme Court Arbab Arif…
A five-member larger bench of the Supreme Court headed by Chief Justice of Pakistan Qazi Faiz Isa heard the case, the bench includes Justice Aminuddin, Justice Jamal Mandukhel, Justice Hasan Azhar Rizvi, Justice Irfan Saadat.
The live telecast of the case against Shaukat Siddiqui’s dismissal could be seen on the Supreme Court’s YouTube channel and website.
At the beginning of the hearing today, the Chief Justice of Pakistan inquired whether the allegations of Shaukat Aziz Siddiqui are true. Shaukat Aziz Siddiqui was sacked for his speech based on these allegations, think and answer if your allegations are true, did the generals you want to side with wanted to come to power in the 2018 elections themselves?
The Chief Justice of Pakistan said that if Shaukat Aziz Siddiqui’s allegations are true, then those generals were trying to become someone’s facilitator. Who was this general facilitating? Lawyer Hamid Khan replied that the allegations made by me are true, Chief Justice of Pakistan said that you have come before us under Article 184 three, also remember what can happen under original jurisdiction.
The Chief Justice said that you are making the facilitators a party, the real banifishery is someone else, you have not mentioned the real banifishery in the petition, you have made accusations behind people’s backs, those who have been accused are for someone else. Facilitating, someone was benefited by facilitating.
The Chief Justice said that by not following the Constitution of Pakistan, they themselves are trapped in this trap. If the facilitators have been made a party, then why not the beneficiaries? Shaukat Aziz Siddiqui did not mention any such thing in the speech, Chief Justice of Pakistan said that in the application of Article 184/3, the authority of the court has started, if the military officer is benefiting someone, he will also be caught in this trap. .
Lawyer Hamid Khan said that the army might have wanted to get the desired results, the Chief Justice said that a candidate is sidelined because the favored candidate won, lawyer Shaukat Aziz Siddiqui said that the army gave its candidates jeeps. It was marked.
The Chief Justice said that sometimes the truth must be known in the country. Lawyer Hamid Khan said that this has been happening in the country for 70 years. ? The Chief Justice of Pakistan said that the army is an independent organization or is it subordinate to someone? The Chief Justice of Pakistan said that who runs the army? Lawyer Hamid Khan said that the army is subordinate to the government.
The Chief Justice of Pakistan said that the government is not an individual, tell the person who runs the army, when you come to us, we will follow the constitution, this is not an easy way, the serious allegations made by Shaukat Aziz Siddiqui. The consequences will also be dire, not allowing the Supreme Court to be used to achieve one’s goals.
Justice Jamal Khan Mandukhel said that an attempt is being made to use our shoulders, Chief Justice Qazi Faiz Isa said that we will not favor any one side.
Lawyer Bar Counsel Salahuddin said that the former judge named in his written reply we should keep them as parties, Shaukat Aziz Siddiqui did not talk about benefiting anyone else including the founder PTI, on the assumption we will Can’t take anyone’s name to benefit.
The Chief Justice of Pakistan said that this means that Shaukat Aziz Siddiqui’s allegations are also assumptions.
The Chief Justice had a conversation with the Bar Association’s lawyer Salahuddin that if you write anyone’s name, should you notice him, should you also notice Shaukat Siddiqui if you write the name of Barrister Salahuddin? Want to use our shoulders? People should not be harassed unnecessarily by issuing notices, for which political party did all this happen?
Lawyer Barrister Salahuddin Ahmed said that Nawaz Sharif was expelled by putting pressure on the judicial system, the Chief Justice of Pakistan inquired who benefited from this? Did this happen to benefit Sindh Bar or Islamabad Bar?
Barrister Salahuddin Ahmed said that we requested an inquiry so that the facts come out. The Chief Justice of Pakistan said that if the Sindh Bar sympathized with Shaukat Siddiqui to get pension, it would not be within the purview of 184-3. Don’t tell us to do the inquiry or do it, you support what needs to be done and we will do it.
Justice Jamal Mandukhel said that the problem is that there is an allegation of using the judicial system. Why was our servant asked not to come out before the elections? Lawyer Salahuddin Ahmed said that this charge is on Faiz Hameed, Chief Justice of Pakistan said that why bar councils came in this case?
Barrister Salahuddin took the position that we want to investigate whether the dismissal of Shaukat Siddiqui was really done to benefit the founder of PTI. Degi, Shaukat Siddiqui is over 62 years old, cannot be restored, bringing transparency in the system, fixing 10 years old cases.
The Supreme Court summoned the Attorney General, the Chief Justice of Pakistan said that if the problem is only about pension, then we ask the government, we will give it to you, if you want to correct the history of Pakistan, then let us know. Willing to help, the goal is just the pension, so it will be fine, why bother calling anyone?
Justice Jamal Mandukhel said that you say that here people are used as tools, who uses them as tools? Everything that has happened in the past has to be corrected, lawyer Hamid Khan said that you stopped taking the name of the establishment when this is the reality of this country, the Chief Justice remarked that we should not put words in our mouths, this constitutional court. Use statutory language here.
The Chief Justice of Pakistan said that our position is clear where the political jurisdiction ends and the judicial jurisdiction begins, since when your case has not been decided, stand before us and make this accusation, we will apologize. When the party came, we made a decision in 12 days. When has a case been decided so quickly in the country?
The Chief Justice of Pakistan said that we ordered the constitutional institutions to fulfill the responsibility of conducting the elections, the problem is that no institution is ready to do its work, Shaukat Aziz Siddiqui has taken the name of Faiz Hameed, regarding Qamar Bajwa. The conversation has been heard, Qamar Bajwa had not directly spoken to Shaukat Aziz Siddiqui.
Justice Jamal Mandukhel said that the Chief Justice of the High Court had made the bench that Faiz Hameed wanted? Lawyer Hamid Khan said that what Faiz Hamid wanted happened, Faiz Hamid wanted Nawaz Sharif not to be bailed before election 2018.
Chief Justice Faiz Isa said that now you yourself have brought the matter to election 2018, Justice Jamal Mandukhel said that what was the decision on Nawaz Sharif’s appeal? Lawyer Hamid Khan said that the appeals have been decided and Nawaz Sharif has been acquitted. The Chief Justice said that the Faizabad sit-in has been declared sponsored in the speech. Who sponsored the Faizabad sit-in?
Hamid Khan said that in the Supreme Court he himself had given the decision in the sit-in case, the Chief Justice said to leave the decision that Shaukat Siddiqui wrote and let him tell, Justice Jamal Mandukhel inquired what kind of order Shaukat Aziz Siddiqui wanted. were?
Hamid Khan said that Brigadier Faisal Marwat declared Bol TV as an ISI project and called for the acquittal of Shoaib Sheikh. Brigadier Irfan Rame also spoke about Bol. Shoaib Sheikh was acquitted.
The Chief Justice remarked that the only thing that has been said about Qamar Javed Bajwa is that he is angry. There is no connection with General Bajwa, you say that Faiz Hameed came at the behest of General (R) Bajwa, General Qamar Javed Bajwa is not directly accused, nowadays people use someone’s name, Rame. are also irrelevant to this case.
Chief Justice Qazi Faiz Isa wrote the ruling for today’s hearing. Court issued notice to Anwar Kansi and former registrar Supreme Court Arbab Arif.
The Supreme Court said that the 3 persons who were made parties by Shaukat Aziz Siddiqui are not directly related.
No notices were issued to former Army Chief General Retired Qamar Javed Bajwa, Brigadier Faisal Marwat and Tahir Wafai, the Supreme Court said, adding that the case would be heard further after the winter vacation.
Yesterday, the Supreme Court of Pakistan adjourned the hearing of Shaukat Aziz Siddiqui, giving one day’s time to make former DGISI Faiz Hameed and others a party in the petition against his dismissal.
It may be recalled that Shaukat Aziz Siddique was removed from the judicial office on the recommendations of the Supreme Judicial Council under Article 209 of the Constitution for inappropriate behavior as a judge for a speech at the District Bar Association Rawalpindi on 21 July 2018.
Later, Shaukat Aziz Siddiqui challenged the matter in the Supreme Court and filed an application, which was initially objected to by the Registrar’s Office, but in February 2019, the Supreme Court overruled the Registrar’s objections and allowed the application to be heard. It was approved.
After which the hearing on his appeal was delayed, on which he wrote various letters to the Justice of Pakistan, in which he requested to schedule the hearing of the case soon.
At the end of November 2020, he also wrote a letter to the then Chief Justice of Pakistan, which was apparently his third letter requesting an early hearing of the case.
In one such letter, the former judge wrote that the rights available to a common citizen/litigant will not be denied to him and he will not be discriminated against by the judicial office through personal approach. will not be done.
The subject of this letter was related to long delay in disposal of Constitutional Petition 2018/76 titled Shaukat Aziz Siddiqui v. Federation of Pakistan.
The letter also highlighted that he was removed from office with effect from October 11, 2018 and was not re-employed.
At the same time, he wrote that it is a universally recognized principle of law that ‘justice delayed is justice denied’.
Former Judge Shaukat Aziz Siddiqui wrote that ‘A special example of this is found in my case where despite the clear orders of the bench, the application was never decided by itself and every time I approached you (Chief Justice) through written applications. Got it’.
He had said that ‘to my surprise and disappointment it has been more than 2 months but no action has been taken by the office to fix the application’.
#Supreme #Court #issued #notice #DGISI #Faiz #Hameed
2024-08-23 12:07:12