ISLAMABAD: The Supreme Court, in a landmark ruling, declared the ousting of former Islamabad High Court (IHC) Justice Shaukat Aziz Siddiqui as unlawful, affirming his status as a retired judge.
Chief Justice of Pakistan Qazi Faez Isa, leading a five-member bench, delivered the 23-page judgment.
The bench, including Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Syed Hasan Azhar Rizvi, and Justice Irfan Saadat Khan, unanimously concluded that the removal of Justice Siddiqui lacked legality.
The verdict emphasized that the Supreme Judicial Council (SJC) had proceeded against Justice Siddiqui without due consideration of the truthfulness of the allegations he had raised.
It highlighted the serious nature of the allegations made by Justice Siddiqui against then Maj Gen Faiz Hameed and his associates but criticized the lack of opportunity provided to him to substantiate his claims.
The judgment underscored the importance of fair trial principles guaranteed under Article 10A, which Justice Siddiqui was deprived of during the proceedings.
Moreover, the court noted the absence of specific charges against Justice Siddiqui and criticized the SJC for its failure to define the misconduct he was alleged to have committed. It also censured the conduct of the former Attorney General Anwar Mansoor Khan for undermining the due process and misleading the SJC.
The ruling acknowledged the delay in the legal proceedings, resulting in Justice Siddiqui reaching the retirement age for a high court judge. Consequently, the court set aside the SJC’s recommendation and subsequent notifications, affirming Justice Siddiqui’s retirement and entitlement to all associated benefits.
Justice Siddiqui’s removal stemmed from a contentious speech delivered before the District Bar Association, Rawalpindi, in July 2018, which led to the initiation of proceedings under Article 209.
However, the Supreme Court’s verdict now rectifies what it deemed an unlawful removal, reinstating Justice Siddiqui’s status as a retired judge.
I am an experienced writer, analyst, and author. My exposure in English journalism spans more than 28 years. In the past, I have been working with daily The Muslim (Lahore Bureau), daily Business Recorder (Lahore/Islamabad Bureaus), Daily Times, Islamabad, daily The Nation (Lahore and Karachi). With daily The Nation, I have served as Resident Editor, Karachi. Since 2009, I have been working as a Freelance Writer/Editor for American organizations.
