The Supreme Court of Pakistan has declared the removal of former Islamabad High Court (IHC) Justice Shaukat Aziz Siddiqui as illegal, directing that he be considered a retired judge.
This decision was made by a five-member bench of the apex court, led by Chief Justice Of Pakistan Qazi Fazi Isa, in a 23-page judgment. The verdict highlighted various lapses in the removal process and underscored the importance of due process.
According to the judgment, the Supreme Judicial Council (SJC) proceeded against Justice Siddiqui without adequately considering the truth or falseness of the allegations leveled by him. Despite serious allegations made by Justice Siddiqui against then Maj Gen Faiz Hameed and others, the SJC failed to provide him with a fair opportunity to substantiate these claims.
The Supreme Court emphasized that Article 10A guarantees the right to a fair trial and due process, which Justice Siddiqui was deprived of. The SJC’s failure to conduct a thorough inquiry into the allegations before reaching a conclusion was deemed a violation of due process.
Furthermore, the court criticized the conduct of then attorney general for Pakistan Anwar Mansoor Khan, stating that he undermined his credibility by misleading the SJC regarding the scope of misconduct by a judge.
Despite ruling in favor of Justice Siddiqui, the Supreme Court noted that due to the delay in the hearing of the petition, Justice Siddiqui had reached the retirement age of a high court judge. As a result, he cannot be restored to his former position but will be entitled to all benefits and privileges due to a retired judge.
Justice Siddiqui’s removal stemmed from a controversial speech he delivered before the District Bar Association, Rawalpindi in July 2018, where he criticized the higher judiciary. This led to a recommendation by the SJC for his removal, which was subsequently acted upon by the then-president.
The legal battle surrounding Justice Siddiqui’s removal has been ongoing since then, with various hearings and procedural hurdles. The recent verdict by the Supreme Court provides clarity on the matter, affirming Justice Siddiqui’s status as a retired judge.
