Daily Times

ISLAMABAD: The Supreme Judicial Council (SJC) on Monday rejected both applications filed by Islamabad High Court’s Justice Shaukat Aziz Siddiqui during hearing of a misconduct reference against him.

A five-member SJC bench, led by Chief Justice Mian Saqib Nisar, is hearing the complaint against the IHC judge. This is the first time that an inquiry is being conducted against a judge of the superior judiciary in an open court. At least eight allegations have been levelled against Justice Siddiqui in the complaint pending against him since 2015.

When the CJP inquired at the start of the hearing what evidence would be brought on record, Justice Siddiqui’s lawyer, Hamid Khan, informed the top judge that his client had submitted applications requesting the council to order the production of documents and information that he could use in his defence. The information the IHC judge sought includes the total expenditures incurred during the last seven years on the maintenance of each official accommodation of the judges of the Supreme Court, Federal Shariat Court and all the high courts. The list and particulars of those superior court judges should also be provided who, despite having official accommodations, kept on receiving, or are still receiving, house rent allowance at the rate of Rs 65,000 per month, the lawyer quoted one of those applications as saying.

However, Justice Nisar remarked that the bench did not want the proceedings of this reference to drag on, and instead asked the lawyer to focus his arguments against the allegations brought against the IHC judge. “There is no purpose behind summoning this record,” he observed, noting that the applications had not sought the record of a specific judge but of all superior court judges. He also observed that such a request would expand the scope of the reference brought against Justice Siddiqui beyond reasonable limits.

The lawyer countered that because Justice Siddiqui was accused of spending an excessive amount on the refurbishment of his official residence, his team wanted to compare the amount with the expenses incurred on the maintenance of houses of other judges.

Hamid Khan said that the council’s decision to wrap up his client’s requests quickly was giving an impression of injustice. At this, the CJP remarked that it was the right of every citizen to be given justice, including a judge’s. He also reminded the defense that the SJC conducts procedural inquiries against judges and that the scope of those inquiries is limited. “I want to see the judge sahib leaving from here with a clean chit if there is nothing against him,” the CJP said. “There will no bigger injustice than if a judge himself is not able to get justice.”

The council subsequently rejected the applications submitted by Justice Siddiqui, with the CJP noting that the reference was not a regular trial but administrative proceedings against the judge.

Ali Anwar Gopang, a senior CDA official who originated the reference the judge is facing, also recorded his statement before the council under oath as a witness. The council subsequently adjourned the proceedings till Tuesday (today), when the witness will be cross-examined.

Published in Daily Times, July 31^st 2018.