Published On: Tue, Jun 14th, 2022
Published in Category: Islamabad

SC hints at concluding the case regarding removal of ex-justice IHC Shaukat Aziz Siddiqui soon

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ISLAMABAD: The Supreme Court of Pakistan while hinting at concluding the case regarding the removal of former justice Islamabad High Court (IHC) Shaukat Aziz Siddiqui said that the courts are ready to work seven days a week and 24 hours a day. The court said that the two judges of the bench hearing this case are going to retire so we will have to decide this case soon.

Five-member larger bench of the apex court headed by Chief Justice of Pakistan Justice Umar Ata Bandial, and comprising Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel and Justice Sajjad Ali Shah heard the petitions field by former justice Islamabad High Court (IHC) Shaukat Aziz Siddiqui, Karachi Bar Association and Islamabad High Court bar Association on Monday. Chief Justice of Pakistan while addressing the counsel of Shaukat Aziz Siddiqui, Hamid Khan Advocate said we want to conclude this case soon as 14 hearings of the case has already been conducted so the arguments should be concluded soon.

Chief Justice Umar Ata Bandial said that two judges included in the bench are going to retire in July and August, adding that we want to conclude the case prior to the retirement of the honorable judges. Chief justice said that after the retirement of the two judges the matter would be prolonged. Chief justice said that due to burden of pending cases the larger bench is formed with difficulty.

Hamid Khan Advocate argued that if the hearing of the case is started at 12: 00 PM then he would have more time to present his arguments. Upon this chief justice remarked that we are ready to sit in the Supreme Court for 24 hours, adding that if you will ask we will be ready to hear the case at 9: 00 PM.

Hamid Khan Advocate argued that his client came to know about the report of the Supreme Judicial Council through media, adding that he did not knew whether the council report was sent to the president with the advice of prime minister or not? He said that the council relied on the stance of the former chief justice IHC Anwar Khan Kansi, adding that the judicial council should have conduced inquiry on two separate stances. Hamid Khan Advocate said that the case against Anwar Khan Kansi was dropped for becoming the witness against his client. Hamid Khan Advocate argued that his client was not heard in the Supreme Judicial Council. Justice Umar Ata Bandial inquired from Hamid Khan Advocate in how much time he will complete the arguments? Hamid Khan Advocate said that one hour time should be given to him today (Tuesday). Chief justice said that the court will also hear the Attorney General for Pakistan. The court adjourned further hearing of the case till today (Tuesday) at 12: 30 PM.

It is worth mentioning here that Supreme Judicial Council had recommended his removal as judge Islamabad High Court for criticizing a sensitive institution while addressing the Rawalpindi Bar Association. Upon recommendation of SJC and after the approval of President Dr. Arif Alvi, the notification of Justice Shaukat Aziz Siddiqui’s removal was issued. Justice Siddiqui has challenged this notification in Supreme Court of Pakistan.

Justice Shaukat Aziz Siddiqui has challenged his removal decision under Article 184-3 of the Constitution and his case is pending in the apex court from last two and half years.

It is said in the petition that the above-titled constitutional petition is pending before the apex court since 2018 against the recommendations and Report of Supreme Judicial Council followed by the purported concurrence by the President of Islamic Republic of Pakistan and a mechanical notification dated 11.10.2018 issued by the Ministry of Law and Justice, Government of Pakistan whereby the petitioner was illegally and unconstitutionally removed from his office as the Judge of Islamabad High Court.