Deposed IHC judge seeks early hearing of plea

Shaukat Aziz SIddiqui urges CJP to erase impression of a deliberate attempt to delay his case

ISLAMABAD:

Islamabad High Court’s (IHC) sacked judge Shaukat Aziz Siddiqui has once again requested Chief Justice of Pakistan (CJP) Gulzar Ahmed for an early hearing of his constitutional petition against the Supreme Judicial Council’s (SJC) 2018 order to terminate his services.

In a letter dated March 8, Siddiqui noted that he moved the constitutional petition right after his sacking on October 11, 2018 but despite passage of around two-and-a-half-years his case is still in the preliminary stages of hearing.

“The Supreme Court’s [Registrar] Office has a key role in this unnecessary and incomprehensible delay,” he added. “This state of uncertainty and helplessness is constantly increasing my own and my family members’ concern and agitation and resulting in an unpleasant situation [for us].”

The former judge noted that he is not asking the court for a favour or unlawful benefit. “Rather, I am asking for the early hearing of my constitutional petition in view of my basic rights as a common citizen.”

Siddiqui said there is a need for the Supreme Court to erase the “general impression” that it is part of some “strategy” to keep his constitutional petition in abeyance till June 30, 2021 – the date on which he is set to retire even if he is reinstated on the order of the apex court.

“After my superannuation, my constitutional petition [which seeks my reinstatement] would become ineffective in terms of some important aspects,” he added.

The former judge said justice delayed is justice denied but hoped that the door of justice would not be shut on him on the watch of the incumbent CJP. Siddiqui once again requested the CJP to order the SC office to place his case for hearing without delay and to hold hearings on a daily basis.

The PTI government moved a presidential reference against Justice Siddiqui in the SJC, claiming that the judge had committed misconduct by accusing the country’s premier intelligence agency of interfering in the formation of benches during a bar council function on July 21, 2018

The SJC, the constitutional forum that can hold superior court judges accountable, later declared that Siddiqui did commit misconduct and asked the president to terminate his services. The judge, who was sacked on October 11, 2018, immediately moved the constitutional petition in the apex court.

On November 29, 2020, Siddiqui requested the CJP for an early hearing of his case. The CJP ordered the SC office to place it for hearing before a larger five-judge larger bench on December 9, 2020.

The bench ordered the office to place the case for hearing in January. “The officials [of the Registrar Office], however, set January 28 for hearing of the appeal – a date which was just 50 days apart from the December 9 hearing,” Siddiqui noted in a sarcastic manner.

According to the former judge, the SC larger bench conducted a preliminary hearing on his petition on January 28 and asked the SC office to place it for hearing in February.

“However, due to some unknown reasons, the office once again refused to place the case for hearing. In view of this situation, my counsel on February 22 submitted an application [for hearing] but the office has not issued any order so far,” the judge stated in the letter to the CJP.