A Supreme Court five-member bench led by Chief Justice of Pakistan Qazi Faez Isa reserved the verdict after hearing arguments of both sides.
ISLAMABAD: (UrduPoint/Pakistan Point News-Jan 23rd, 2024) The Supreme Court (SC) of Pakistan on Tuesday reserved its verdict on a petition filed by Shaukat Aziz Siddiqui, former senior puisne judge of Islamabad High Court, challenging his removal.
A SC five-member bench headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justices Aminuddin Khan, Jamal Khan Mandokhail, Hasan Azhar Rizvi, and Irfan Saadat, heard the case. The proceedings were broadcast live on the apex court's website.
The CJP emphasized during the hearing that the court could not punish anyone without a proper inquiry, observing that there is a need to distinguish between the Supreme Court and the Supreme Judicial Council.
CJP Isa observed that the removal of a judge should not be an easy process as it poses a threat to judicial independence.
The top judge also acknowledged that the matter was public, and people have the right to know the truth.
The representatives of different parties appeared before the court.
Advocate Khawaja Haris argued for a fair inquiry, citing Article 209(6) of the Constitution. Hamid Khan, Siddiqui's lawyer, denied the allegations against his client, and the discussion revolved around whether an inquiry had been conducted.
CJP Isa raised questions about the appropriateness of a judge making a public speech and whether the content of Siddiqui's speech violated the code of conduct for judges. The possibility of referring the matter back to the Supreme Judicial Council was discussed, but opinions differed on this issue.
The proceedings showed that the Federal government challenged a previous verdict regarding judges who retire or resign not falling under the ambit of Article 209 of the Constitution.
The Attorney General for Pakistan asked the top court to hear the appeal alongside Siddiqui's case.
The arguments emphasized upon various aspects including the need for an inquiry, the legality of the removal process, and the jurisdiction of the Supreme Court in forming a commission.
The apex court reserved its verdict on several questions including the result of an inquiry that was not conducted, relief for the ex-judge, sending the matter back to the SJC, and whether Siddiqui's speech violated the code of conduct.
Siddiqui, the former IHC judge, had filed the petition and contested his dismissal by the Supreme Judicial Council for a speech in which he accused the ISI of influencing court proceedings.
Former ISI director general Lt Gen Faiz Hameed, mentioned in the allegations, rejected the claims in his response.
The court directed all counsels to submit written responses, leaving the possibility of further hearings if needed. The case could have significant implications, as the decision may set a precedent for the judiciary for the next 50 years.
