Islamabad: The Supreme Court announced on Friday that the removal of former Islamabad High Court (IHC) Justice Shaukat Aziz Siddiqui was illegal, stating that he should now be considered a retired judge.
The decision was made by a five-member bench of the apex court, chaired by Chief Justice of Pakistan (CJP) Qazi Fazi Isa, and included Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Syed Hasan Azhar Rizvi, and Justice Irfan Saadat Khan.
The court’s verdict highlighted that the Supreme Judicial Council (SJC) had proceeded against Justice Siddiqui without due consideration of the allegations leveled by him. While acknowledging the seriousness of the allegations made by Justice Siddiqui against Maj Gen Faiz Hameed and others, the court noted that he was not given a fair opportunity to substantiate these claims.
The judgment emphasized the importance of a fair trial and due process, which Justice Siddiqui was deprived of during the proceedings. The court criticized the SJC for not conducting a thorough inquiry into the matter and failing to determine the truth behind the allegations.
Additionally, the court expressed concerns regarding the conduct of then-attorney general for Pakistan, Anwar Mansoor Khan, stating that he had undermined his credibility by misleading the SJC.
Despite ruling the removal unlawful, the court noted that Justice Siddiqui had reached the retirement age of a high court judge during the course of the proceedings, and therefore, he could not be reinstated to his position. Consequently, the SJC’s report and the notification regarding Justice Siddiqui’s removal were set aside, and he was deemed retired with all entitlements and privileges of a retired judge.
Background:
The SJC initiated action against Justice Siddiqui following a controversial speech he delivered before the District Bar Association, Rawalpindi in July 2018, where he criticized the higher judiciary and made allegations against certain individuals, including Maj Gen Faiz Hameed.
In October 2018, then-president Dr Arif Alvi removed Justice Siddiqui from his post as an IHC judge based on the SJC’s recommendation of misconduct.
Justice Siddiqui challenged this decision in the Supreme Court in October of the same year. The case underwent various procedural challenges before being heard by a new bench in December of the following year.
