Daily Times

ISLAMABAD: A two-member Supreme Court of Pakistan bench on Thursday referred to the chief justice of Pakistan (CJP) a plea filed by a serving judge of the Islamabad High Court (IHC), seeking formation of a larger bench to hear a reference of misconduct against him in the open court.

The bench, comprising Justice Sheikh Azmat Saeed and Justice Qazi Faez Isa, also issued notices to the attorney general for Pakistan (AGP) to assist the court on the plea of IHC serving Justice Shaukat Aziz Siddiqui.

The proceedings on the reference of misconduct against Justice Siddiqui are being conducted by the Supreme Judicial Council (SJC) in-camera. The court, however, did not suspend the ongoing proceedings against the IHC judge before the SJC.

Makhdoom Ali Khan, the counsel for Justice Shaukat Aziz Siddiqui, submitted before the court that the SJC rules were a violation of the constitution, as constitution did not allow SJC to make laws.

He said that the council was only empowered to make Code of Conduct. He recalled that in the past, an inquiry was held against a judge for admonishing a DSP, adding that the judge resigned from his office, but media reported that the judge had resigned on the basis of corruption.

He argued that the trial should be held in an open court. “So that the truth can come before the masses,” he said.

Justice Qazi Faiz Isa then observed that the proceedings of the trial were conducted in-camera for the protection of conduct of the judge.

The SJC had issued the justice a show-cause notice on February 15. On October 10, the court had decided to record evidence against the judge in the first week of November.

Meanwhile, Justice Siddiquie moved the Supreme Court of Pakistan against the order passed by the SJC, praying the apex court to declare the SJC’s May 18 order null and void as it was passed without lawful authority.

He has also requested the court to suspend the SJC proceedings against him till a decision was made on his petition, besides requesting for an open trial.

At present, the SJC is dealing with four references filed against Justice Mazhar Ali Naqvi and Justice Farrukh Irfan of Lahore High Court and Chief Justice Muhammad Anwar Khan Kasi and Justice Shaukat Aziz Siddiqui of Islamabad High Court.

A reference against Justice Muhammad Anwar Khan Kasi, sitting chief justice of the Islamabad High Court related to illegal hiring of his brother and 74 other individuals is still pending with the SJC.

Similarly, two references against Justice Shaukat Aziz Siddiqui, one pertaining to misuse of authority for personal gains and other involving misconduct, were filed with the SJC.

The SJC was established in 1962 under Article 209 of the Constitution. It launches inquires into the allegations leveled against the judges of the superior courts over misconduct or an inability to perform their duties for reasons of mental or physical incapacity.

Published in Daily Times, November 3^rd 2017.