SC issues notices to govt, AGP on removal of Justice Siddique as IHC judge.

Byline: SHAHID RAO

ISLAMABAD -- The Supreme Court of Pakistan Thursday issued notices to the federal government and Attorney General for Pakistan regarding removal of Shaukat Aziz Siddiqui as a judge of Islamabad High Court (IHC).

A five-member special bench of the apex court headed by Justice Umar Ata Bandial conducted hearing of Shaukat Siddiqui's petition against the Supreme Judicial Council's recommendation to remove him.

Advocate Hamid Khan, representing former judge of the IHC, submitted that the SJC proceedings against his client were held by dispensing the inquiry procedure envisaged under the Procedure of Inquiry, 2005 - Supreme Court of Pakistan as a result of that his client was deprived of open trial and due process, and the requirements associated for fair determination of the facts.

The counsel, relying upon the apex court judgment in ex-CJP Chaudhry Iftikhar case, asserted that the right recognized by the law with respect to a judge facing the SJC proceedings was violated. He submitted that the proceedings against his client were without jurisdiction and failed to meet the standard prescribed in the apex court judgment.

Hamid Khan contended that he may surpass the test mentioned in Article 211 of Constitution. The bench noted that the question whether the petition is maintainable in the light of the bar in Article 211 of Constitution needed to consider the scope and effect of the bar in view of the claim made by the petitioner. The bench therefore issued notices to the federal government and the Attorney General for Pakistan. The counsel requested the bench to give a specific date as his client is due to retire on 30th June, this year. Justice Bandial, therefore, directed the office to fix this case next month (February).

Shaukat Siddiqui was removed by President of Pakistan subsequent to the Supreme Judicial Council report. He, therefore, in October 2019 had filed petition under Article 184(3) read with Articles 187 and 190 of Constitution praying that Supreme Judicial Council (SJC) report and notification be set aside and he may be restored...