SC to hear IHC judge’s plea on May 31

Justice Siddiqui had moved top court against his removal by the SJC two years ago

ISLAMABAD:

The Supreme Court has finally fixed Islamabad High Court (IHC) judge Shaukat Aziz Siddiqui petition’s for hearing against his removal on May 31.

A five-judge larger bench headed by Justice Umar Ata Bandial will take up Siddiqui’s petition.

The notice has already been sent to Attorney General for Pakistan for legal assistance in view of Article 211 of constitution wherein it is stated that the Supreme Judicial Council (SJC) proceedings could not be challenged in any court of law.

Earlier, Siddiqui moved the top court for an early hearing of his petition against his removal by the SJC two years ago.

On October 11, 2018, President Arif Alvi removed Justice Siddiqui as IHC judge on the recommendation of the SJC.

The president took the decision under Article 209(5) on the SJC recommendation under Article 209(6) read with Article 48(1) of the Constitution, a notification issued by the Ministry of Law and Justice stated.

The council had unanimously opined that while delivering a speech before the District Bar Association in Rawalpindi on July 21, Justice Siddiqui had displayed conduct unbecoming of a high court judge.

Siddiqui, who is retiring on June 30, requested the apex court to fix his case on June 1 for day-to-day hearing. The former judge in his application narrated how his case was being delayed.

Read more: Deposed IHC judge seeks early hearing of plea

It is pertinent to mention here that since 2018 no substantial proceedings took place except the issuance of notice after two-and-half years in January 2021.

“The matter got delayed for unknown reasons which is apparent on the face of the record in as much firstly frivolous office objections were raised against which a Miscellaneous Appeal bearing No 140 of 2018 was filed which came up for hearing before a Larger Bench.

The Hon’ble Larger Bench vide order dated 25.03.2019 allowed the said Miscellaneous Appeal and directed the office to number the titled Constitution Petition and set down the Petition before the Bench,” read the application.

It further added that on September 24, 2020, the matter was once again adjourned by the bench with a direction to the office to fix the same after one month.

Again, the case was not fixed as directed by the bench. The petitioner wrote a letter to the Chief Justice of Pakistan (CJP) for the fixation of the titled case at the earliest.

Taking notice of the said letter, the CJP fixed the case for December 9, 2020.

"On December 9, 2020, the bench after proceeding with the matter very briefly in the connected petitions filed by the Bar Councils directed the office to fix the cases in January 2021 after objection therein was met. The office fixed the case on last day of January 28, 2021."

“That on 28.04.2021 an application for early hearing was filed by the petitioner and case got fixed for 17.05.2021 but unfortunately it got de-listed to be fixed on 26.05.2021 surprisingly again it got de-listed before few hours of hearing without any reason stated,” the application further stated.

“That the petitioner since his removal from office has not been employed for gain. The petitioner like millions of other citizens has been guaranteed fundamental rights including but not limited to the rights to life, due process, dignity and access to justice.

It is universally recognized principle that justice delayed is justice denied. The petitioner has suffered immense irreparable loss due to the inordinate delay,” the judge pleaded.