ISLAMABAD: The Supreme Court on Friday declared the removal of former Islamabad High Court (IHC) judge Shaukat Aziz Siddiqui illegal, ordering that he can now be treated as a retired judge.
The decision was announced by a five-judge bench of the apex court headed by Chief Justice of Pakistan (CJP) Qazi Fazi Isa in a 23-page judgment. Besides the CJP, the bench comprised Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Syed Hasan Azhar Rizvi, and Justice Irfan Saadat Khan.
The verdict noted that the Supreme Judicial Council (NSJC) proceeded against Justice Siddiqui on the “presumption that the truth or falsity of the allegations leveled” by the former judge is “irrelevant”.
It also noted that the Supreme Judicial Council was of the view that Justice Siddiqui had failed to substantiate, independently corroborate, corroborate, or prove the allegations he had made. The judgment said the allegations leveled by the former IHC judge against Major General Faiz Hameed and several of his subordinates were “very serious”.
“However, Judge Siddiqui was not allowed to prove his allegations or to face those he accused. Noticing this delay, we issued notices to all those against whom he had leveled the allegations and allowed them to confess/ All denied their stated involvement, ” said the order.
The court order further emphasized that given the rejoinders submitted to the trial panel, it was all the more necessary for the Supreme Judicial Council to investigate the matter and determine who was telling the truth.
“The SJC gave no credence to Justice Siddiqui’s own words and the content of his answers; the Supreme Judicial Council assumed they were false; and on that assumption concluded that Justice Siddiqui had committed misconduct.
It would be difficult to categorize such.” a decision as fair or one that conforms to the requirements of due process. Justice Siddiqui was not allowed to prove the veracity of his allegations, which was the duty of the Supreme Judicial Council when the same formed the basis of Justice Siddiqui’s removal from office,” the judgment observed.
The court also noted that Article 10A guarantees the right to a fair trial and due process, including judges, which the Supreme Court said Justice Siddiqui “has been deprived of”. It noted that the judge “was not allowed to prove the allegations were true” and was instead “punished for settling them”.
The Supreme Court observed that if the Supreme Judicial Council, after conducting an inquiry, found Justice Siddiqui’s allegations “false”, then it would have “committed an error” but could not have held that the allegations were false without conducting an inquiry into the matter.
The verdict also said the Supreme Judicial Council “did not state what specific misconduct Justice Siddiqui was guilty of” and was rather “shocked” because the IHC judge “made serious allegations and did so publicly”. The verdict also said that two complaints – one from the Chief of Army Staff and the other from the government – received by the council sought to investigate the matter. He also added that Justice Khosa in his opinion also asked the Supreme Judicial Council to investigate the allegations.
The Supreme Court also said that the then Attorney General of Pakistan, Anwar Mansoor Khan, had undermined its credibility by his conduct. He went on to say that the barrister had “stated” the Supreme Judicial Council by arguing that the body “could go beyond the provisions of the Code of Conduct to determine what constitutes judicial misconduct”.
“By not respecting due process requirements, the freedom of the individual was restricted and the truth was suppressed,” the judgment said.
The verdict also stated that due to the delay in hearing the petition, Justice Siddiqui has reached the retirement age of a High Court judge and therefore cannot be reinstated in his post. “With regard to the above reasons, in the report/opinion of the SVJ dated October 11, 2018, which was submitted to the President, and in the communication No. F.9(2)/2018-A.II dated October 11, 2018, it was stated, that issued on the advice of the Prime Minister and his Cabinet of Ministers are postponed.
Consequently, Justice Siddiqui will be treated as a retired judge of the Islamabad High Court and will be entitled to all the benefits and privileges of a retired judge by granting these petitions within the aforesaid dates,” the judgment concluded.
