SC to take up serving IHC judge case today

SJC will hear petition filed by IHC judge Shaukat Aziz Siddiqui requesting he be given an open trial

ISLAMABAD: The Supreme Court will take up the constitutional petition of a serving Islamabad High Court (IHC) judge, accused of misconduct, seeking direction that he be given an open trial before the Supreme Judicial Council (SJC) today (Thursday).

The two-judge bench, comprising Justice Azmat Saeed Sheikh and Justice Qazi Faez Isa, will hear the petition filed by IHC judge Shaukat Aziz Siddiqui, requesting that he be given an open trial before the SJC.

Two senior lawyers Makhdoom Ali Khan and Hamid Khan will argue on behalf of IHC’s judge before the bench.

Interestingly, the Supreme Court is taking up his case four days before the start of his trial before the council. It is learnt that the SJC will start recording evidence in his case on November 7.

On the other hand, several bar associations like Rawalpindi bar and Islamabad district bar have passed resolutions, supporting the stance of the IHC judge for open trial.

Earlier, the Supreme Court had suspended the SJC’s proceedings against former chief justice Iftikhar Muhammad Chaudhry in 2007. It is expected that the high court’s attorneys will also request to suspend the proceedings till final decision in this matter.

Last year, a LHC judge had also challenged the SJC proceedings against him. Later, he himself withdrew his case.

On May 18, the SJC had dismissed his plea, seeking an open trial. The council was scheduled to resume hearing of the misconduct case in the first week of November wherein it would record evidences against him.

But the IHC judge’s 14-page constitutional petition requested the Supreme Court to declare that SJC’s May 18 order null and void as it was passed without lawful authority.

Pleading the court to suspend the SJC proceedings against him till a decision is made on the petition the judge also requested that the SJC be told that he has a fundamental right to insist that an inquiry into his conduct be conducted publicly.

The petition stated that the council’s May 18 order, by upholding paragraph 13(1) of the SJC Procedure of Inquiry 2005, which permits the proceedings of the council in-camera, violates Article 10-A of the Constitution, adding Article 10-A provides every citizen with the right to a fair trial and due process.

It further stated that the IHC judge had nothing to hide as his dignity was not compromised if the proceedings were held in camera. Likewise, it was stated that due process requires that a person must be given a reasonable opportunity to defend himself, adding that this was not guaranteed in a secret trial.