Ex-DG ISI summoned in IHC judge removal case

ISLAMABAD:

The Supreme Court on Friday issued notices to former Inter-Services Intelligence (ISI) director general Faiz Hameed and three others in a case pertaining to the removal of Shaukat Aziz Siddiqui as an Islamabad High Court judge.

Notices were also issued to the former IHC chief justice Anwar Khan Kasi, ex-SC registrar Arbab Muhammad Arif and brigadier (retd) Irfan Ramay.

A five-member bench led by Chief Justice Qazi Faez Isa, which included Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Hasan Azhar Rizvi, and Justice Irfan Saadat, issued the notices as the court resumed hearing on Siddiqui`s petition filed against his sacking by the Supreme Judicial Council (SJC) in 2018.

On October 11, 2018, the SJC had unanimously opined that while delivering a speech before the District Bar Association of Rawalpindi on July 21, 2018, Siddiqui had displayed “a conduct unbecoming of a high court judge”.

In the speech, the former judge had accused the ISI of interfering in the formation of the IHC benches that were supposed to hear former premier Nawaz Sharif’s appeal against his conviction in one of the three corruption references that had emanated from the Panama Papers case.

In his amended petition, Siddiqui nominated seven people. However, the SC noted that former chief of army staff Qamar Javed Bajwa as well as retired brigadiers Faisal Marwat and Tahir Wafai were not directly linked to the case.

During the hearing, CJP Isa asked Siddiqui's counsel, Hamid Khan, to make his client rethink that the allegations he had levelled against the respondents – that they themselves wanted to come into power after the 2018 elections – were accurate or not.

Khan replied in the affirmative and confirmed to the bench that the allegations levelled were "correct".

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CJP Isa observed that serious allegations had been levelled and their consequences would be severe as well, adding that the apex court would not allow itself to be used for anyone’s "ulterior motives".

He remarked that it seemed the "real desire" was to install someone else in the Prime Minister's Office and questioned whether the imprisonment of one was aimed at favouring another individual.

Justice Isa pointed out that the “true beneficiary” was someone other than the “facilitators” named as respondents.
He inquired why the “direct beneficiary” was not included in the petition.

The top judge pointed out that neglecting the defence of the Constitution resulted in entangling oneself in a complex situation.

Khan told the bench that this had been happening in the country for the past 70 years.
Justice Mandokhail questioned should the court not rectify what had been happening for 70 years.

He further commented on the bid to utilise the apex court’s authority. “An attempt is being made to use our shoulders," he added.

The judge also highlighted the issue of people being treated as pawns and emphasised the need to correct the past mistakes.

CJP Isa assured the lawyer that the SC would follow the Constitution.

Acknowledging the difficulty of the task, he added that "it is not an easy path". The CJP regretted that some “institutions” were not willing to do their job.

After the hearing, the court issued notices to the four respondents and adjourned the hearing until an unspecified date in January after the vacation period.