Pakistan

SC takes up Siddiqui’s appeal against dismissal

Court to seek AGP’s opinion if inquiry is necessary before dismissal of a judge

Our Correspondent March 11, 2022

ISLAMABAD:

A larger bench of the Supreme Court said on Thursday it would seek the opinion of the attorney general for Pakistan (AGP) whether it was necessary to conduct a formal inquiry before removing a judge.

A five-judge bench, headed by Chief Justice Umar Ata Bandial, heard the petition of former judge of Islamabad High Court (IHC) Justice Shaukat Aziz Siddiqui against his dismissal. The court directed Siddiqui’s lawyer to complete his arguments on the next hearing.

During the hearing, the chief justice said that the case would be concluded next week during which the court would also hear the AGP. The chief justice said that the decision of the case would have to be written therefore, the court wanted to conclude the case early.

Giving arguments, senior lawyer Hamid Khan said that the report of the Supreme Judicial Council was based on perception. Had Siddiqui been given the opportunity, he added, these perceptions could have been changed.

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The lawyer said no grounds had been set for disqualifying Siddiqui from being a judge. Sitting on the bench, Justice Ijazul Ahsan said that the inquiry before the Supreme Judicial Council meant examining of the available material.

The judge added that if a case was so clear and did not require evidence, a decision could be made. The chief justice said that the Constitution empowered the Supreme Judicial Council to formulate code of conduct that set the rules governing eligibility and conduct of a judge.

The chief justice further said that court would ask the attorney general for Pakistan whether there was a need for an inquiry. The chief justice also said that he wanted to decide the case before the retirement of the fellow judge.

The court directed Shaukat Siddiqui's lawyer Hamid Khan to complete his arguments in two hours at the next hearing and adjourned further hearing till next week.