SC seeks govt response on judge’s open trial plea

LHC judge counsel recuses himself to plead case


Hasnaat Malik November 09, 2017
Islamabad High Court (IHC) Justice Shaukat Aziz Siddiqui. PHOTO: MUHAMMAD JAVAID / EXPRESS

ISLAMABAD: The counsel of a Lahore High Court judge, who was facing a reference of professional ‘misconduct’ before the Supreme Judicial Council (SJC), has recused himself from representing him, it was learnt.

Senior counsel Khawaja Haris, who has been pleading the case of the Sharif family in NAB references, was also representing the LHC judge before the SJC. He even gave initial arguments.

Sources told The Express Tribune that Haris had recused himself from pleading the case due to ‘certain’ reasons.

Case of misconduct: SC seeks AG’s help over IHC judge’s plea for open trial


It is to be noted that the judge, who was facing the misconduct charge, had ordered the Punjab government to make public the inquiry commission’s report on the Model Town incident.

It was also learnt that another senior lawyer, Makhdoom Ali Khan, is likely to appear on behalf of the LHC judge before the SJC on next meeting. He has already represented the judge before the council before Haris took over the case.

The sources said that the SJC on Wednesday asked the LHC judge to submit his written response to the Attorney General for Pakistan (AGP) reply in his matter.

SJC trial: IHC judge goes to apex court to request open trial


Meanwhile, the top court has sought the federal government’s response over IHC judge Shaukat Aziz Siddiqui’s petition for open trial before the SJC.

A five-judge larger bench of the apex court headed by Justice Gulzar Ahmed also appointed two senior lawyers – Shahid Hamid and Munir A Malik – as amicus curiae (friend of court) to assist in the matter.

The federal government has been asked to file a reply within two weeks. Later, Makhdoom Ali Khan will give a rejoinder over the government’s response on the issue of open trial.

SJC dismisses IHC judge's plea for open trial


Justice Azmat Saeed Sheikh observed: “Judges are not sacred cow,” adding, “Their accountability should be done but independence of judiciary should not be compromised during the process.”

Khan requested the bench to get the government’s response, as “it is a matter of public importance”.

The counsel said that the same plea (for open trial) was moved before the SJC but it was rejected. “Therefore, his client approached the apex court on the issue.”

He also pointed out that the AGP had already opposed open trial. “Therefore, it would be appropriate that the federal government should be asked to give its opinion.”

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