ISLAMABAD: The Supreme Court on Monday adjourned the appeal of former judge of Islamabad High Court (IHC) Justice Shaukat Aziz Siddiqui till Wednesday.
A five-member larger bench of the apex court headed by Justice Umar Ata Bandial and comprising Justice Sardar Tariq Masood, Justice Ijaz Ul Ahsan, Justice Mazhar Alam Khan Miankhel and Justice Sajjad Ali Shah heard the case, seeking setting aside of report/opinion of the Supreme Judicial Council and notification issued by the Ministry of Law dated October 11, 2018.
Responding to Justice Siddiqui’s counsel Advocate Hamid Khan, Attorney General Khalid Jawed Khan submitted that the government will not submit answer in this case, however, the reply would be submitted after maintainability of the petition.
Hamid Khan informed the bench that his client was retiring on June 30th. He said that Justice Shaukat Aziz Siddiqui had challenged the decision of the Supreme Judicial Council to not hold inquiry in the open court. The Supreme Court quashed the Supreme Judicial Council decision, he added.
He said that the Supreme Court ruled only against the jurisdiction of the Judicial Council. The Supreme Court granted relief only after accepting the petition, he added. Justice Bandial said that there was a difference between understanding and declaring a petition admissible.
Justice Ijaz Ul Ahsan said that it was also important to look at the basis on which the application was deemed admissible. Hamid Khan said that the inquiry against Justice Shaukat Siddiqui was conducted unilaterally. The former judge’s position was not heard nor was he given an opportunity to present witnesses, he added.
Justice Ijaz Ul Ahsan said that the former judge made a speech and what he stated could not be denied. Hamid Khan said that this was the fourth reference against Justice Shaukat Siddiqui. Justice Sardar Tariq said that the first three references were dismissed but the facts were acknowledged in the present reference. Justice Ijaz Ul Ahsan asked whatever the reality, such a speech on a public forum would be fair to a judge?
He said that a serving judge in a public speech accused the chief justice and the institutions. Hamid Khan said that it was not a public gathering but it was a lawyers’ ceremony. He said that the chief justice and other judges also address gathering of the lawyers. Justice Umar Ata Bandial asked Hamid Khan whether he was talking about former chief justice Iftikhar Chaudhry?
He said that that former chief justice Iftikhar Chaudhry always read a written speech and never made any accusation. He said that Justice Iftikhar Chaudhry never crossed constitutional limits in his speeches. Justice Ijaz Ul Ahsan said that he had a very simple question, if the judge had any reservations, could he say such a thing in the public gathering?
Hamid Khan said he should also be given access to fundamental rights under Article 209.