SC reserves verdict in ex-judge removal case

Apex court says case can be fixed for hearing if required

ISLAMABAD:

The Supreme Court on Tuesday reserved its judgment on former Islamabad High Court (IHC) judge Shaukat Aziz Siddiqui's petition challenging his removal in 2018, after completing hearing in the case.

A five-member larger bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa heard the case.
Advocate Hamid Khan appeared on behalf of Siddiqui.

On October 11, 2018, President Arif Alvi had removed Justice Siddiqui as judge of the IHC on the Supreme Judicial Council's (SCJ) recommendation.

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

In his speech, Siddiqui had made serious allegations against the country’s premier intelligence agency.
During the hearing on Tuesday, all the parties including the attorney general admitted that a complete inquiry was not conducted before removing Siddiqui.

The chief justice asked what sort of decision could the five-member bench now give.
Advocate Hamid Khan argued that the top court should declare the SJC's sacking of Siddiqui unconstitutional.

The chief justice remarked that the case could not be decided on a coin toss.

"What if the allegations are not true? How can we decide the case when we don't know if the allegations are true or false? But we want to set an example through these cases. The allegations were made publicly. If the allegations are found to be false after an inquiry, will the decision to remove the judge stand? We asked those who were accused to be made parties. Who will get to the bottom of these allegations? We are now looking to find a solution to the problem. The other party can say that the allegations were never investigated," Justice Isa observed.

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Siddiqui's counsel suggested that the solution was to nullify the action of the council, and the removal of the judge by the president. "Supreme Court should form a commission to investigate Siddiqui's allegations," he said.

"How should we form a commission? Should we refer the matter to the council again? No one is telling the truth," the CJP retorted.

Advocate Hamid said the entire inquiry should be annulled and the matter should be sent back to the council.

Later, the apex court reserved judgment, declaring that the case could be fixed for hearing if required.