Politics

SC reserves verdict on ex-IHC judge Siddiqui’s plea against dismissal

Published

10 months ago

Farwa

Judge not prevented from speaking in code of conduct, CJP says.
Justice Mandokhail questions Shaukat Siddiqui’ procedure as judge.
Five-member bench resumes hearing more than a month later.

ISLAMABAD: The Supreme Court on Tuesday reserved its verdict on former Islamabad High Court judge Shaukat Aziz Siddiqui’s plea challenging his dismissal from the post.

A five-member bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Hasan Azhar Rizvi and Justice Irfan Saadat Khan conducted proceedings on the plea.

During the case hearing, CJP Isa said the problem is not the speech but its text in the case pertaining to the dismissal of former judge Siddiqui by the Supreme Judicial Council.

The chief justice remarked that if a judge is removed for giving a speech, then half of the judiciary will go home.

“Many judges give speeches in bar council meetings. The problem is not the speech but the text of the speech,” he remarked.

“A judge’s code of conduct does not prevent him from speaking. The problem is when you make demands in your speech,” CJP added.

These remarks by the country’s top judge came during the resumption of the hearing of the ex-judge’s plea challenging his dismissal.

The proceedings were broadcast live on the apex court’s website as well as on its YouTube channel.

Lawyer Hamid Khan is representing the former IHC judge in the case, while Khawaja Haris is the lawyer of former director general of Inter-Services Intelligence (ISI) Lieutenant General (retd) Faiz Hamid and Brigadier (retd) Irfan Ramay.

The case was fixed for hearing earlier this month after the judge filed a miscellaneous application with the Supreme Court to conduct an early hearing of his plea against the decision by the Supreme Judicial Council (SJC) on his dismissal.

The chief justice said that judges also give interviews in Britain and participate in debates in the United States.

“The eyes of the entire nation are on us. Here is the question of respecting the constitutional institutions,” the chief justice stated, questioning what order should be issued by the bench in such circumstances.

Justice Mandokhail questioned if it was appropriate for a judge to have levelled the allegations in the way that Siddiqui did.

“We should not forget the facts,” the CJP responded.

Justice Mandokhail asked: “If the allegations are true, was Shaukat Siddiqui’s procedure as a judge appropriate?”

The chief justice said there is no restriction on the judge’s speech. “If this were the case, many judges would have missed the speech. The problem is the points raised in the speech of Shaukat Aziz Siddiqui.”

He asked if the court could investigate the matter itself. “Can the Supreme Judicial Council case be constitutionally remanded?”

Responding to CJP Isa, Hamid and Ramay’s lawyer said the case cannot be sent back to the SJC.

“Shaukat Aziz Siddiqui is retired and cannot be reinstated as a judge,” he said, adding that the SJC can no longer look into his case.

In the last hearing of the case, held on December 14 last year, the apex court ordered former judge Siddiqui to nominate the ex-spy chief and others in the plea against his dismissal.

IHC judge removal

It must be noted that the former judge was removed from his position in the IHC for his speech targeting intelligence agencies when he was addressing the Rawalpindi Bar Association on July 21, 2018.

In his address, the ex-judge accused sensitive institutions of interfering in judicial work.

Multiple references were subsequently filed against him which included extra expenses on government residence, two related references against him passing remarks during hearing of the Faizabad sit-in case in 2017, another seeking his dismissal and one taken up by the SJC following on a complaint filed against him in the wake of the speeches.

He was eventually dismissed from the post on October 11, 2018, after the SJC decided to dismiss him.

The judge then challenged his dismissal by the SJC in 2018 and his case has been ongoing ever since with the last hearing on the constitutional petition held on June 13, 2022.

Siddiqui, in his petition, requested to cancel the dismissal notification issued against him as an IHC judge.

The judge is being represented by senior lawyer Hamid Khan, while parties in the petition include the Islamabad Bar Association and Karachi Bar Association.

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Reaction to the PTI protest call by Fazlur Rehman

Published

2 days ago

Farwa

Maulana Fazlur Rehman, speaking on a private television station, said that the PTI is always coming to the streets, which really lessens the impact of a protest.

He also suggested to the PTI leadership that rather than carrying on with the agitation, it should finally put a hard hand down, which would be the final nail in the coffin.

He continued, citing the JUI protests as an example, saying, “We had a strong grip over our protesters and workers, so neither road was closed nor any property damage occurred during protests.”

The PTI has the right to protest, but Maulana Fazlur Rehman described the party’s agitation strategy as insufficient, stating that it is currently being “exposed which maynot be a good sign’.

Ali Amin Gandapur, the chief minister of Khyber Pakhtunkhwa, promised not to go back home unless the PTI founder was freed. During their demonstration, Imran Khan’s wife, Bushra Bibi, encouraged the party officials to come up with strategies to avoid being arrested.

According to an alleged audio recording, she stated that November 24 will be a loyalty test for PTI members.

Additionally, the government of Islamabad has enforced section 144 for a period of two months, which prohibits processions, rallies, demonstrations, and meetings of five or more individuals in the city.

As per the notification, the prohibition forbade meetings in any public space inside the boundaries of Islamabad, including the Red Zone, which encompasses important government buildings, diplomatic missions, and other sensitive sites.

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PTI representatives conjecture in the media over Imran’s approval of bail: FIA investigator

Published

3 days ago

Farwa

The hearing on the PTI founder’s bail application in the Toshakhana-2 case has resumed at the Islamabad High Court (IHC), with Justice Mian Gul Hasan Aurangzeb serving as the presider.

The hearing was attended by the defense attorney, Barrister Salman Safdar, and FIA prosecutor Zulfiqar Abbas Naqvi.

Judge Mian Gul Hasan Aurangzeb told the FIA prosecutor to “leave the media alone and exempt yourself from them” in order to avoid commenting on the media. The statement followed the prosecutor’s assertion that the bail would be granted, which had previously been reported by media sources.

In addition, the court questioned whether the receipts in question were issued in the name of Bushra Bibi or the PTI founder itself. Bushra Bibi’s name was on the receipts listed in the challan, according to Barrister Salman Safdar.

Defense arguments
The defense expressed displeasure about the case’s 3.5-year registration wait. The prosecution has swore in Sohaib Abbasi and made Inamullah Shah a crucial witness without requiring them to take an oath.

Barrister Salman Safdar highlighted that multiple agencies, including NAB, FIA, Police, and the Election Commission, have initiated actions related to the Toshakhana case, suggesting procedural redundancy.

Regarding a phony Toshakhana receipt, he contended, the Kohsar Police Station has also filed a case.

Position of the prosecution
The FIA prosecutor, Umair Majeed Malik, maintained that the valuation of the jewelry set mentioned in the case would be explained in the prosecution’s evidence.Justice Mian Gul Hasan Aurangzeb remarked, “If the media does not spread sensationalism, how will they conduct their business?” He dismissed rumors about his health, stating that he was present and hearing the case despite such reports.

Status of Co-Accused
The court was informed that Bushra Bibi, a co-accused in the case, is currently on interim bail and awaiting a decision by Judge Afzal Majuka. Barrister Salman Safdar expressed hope that Judge Majuka would soon announce his verdict.

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Naqvi visits Fazl to express gratitude for contributions to the 26th amendment.

Published

4 days ago

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Federal Interior Minister Mohsin Naqvi convened with Jamiat Ulema-e-Islam Fazl (JUI-F) leader Maulana Fazlur Rehman to deliberate on issues of shared concern and the current political landscape in the nation.

In today’s meeting in Islamabad, Mr. Naqvi asked about Maulana Fazlur Rehman’s health and sent his best wishes for the JUI chief’s well-being and future pursuits.

Naqvi extended his appreciation to Maulana Fazlur Rehman for his crucial contribution to the enactment of the 26th Constitutional Amendment, which he characterised as a significant milestone in Pakistan’s legislative history.

Following the meeting, Naqvi commended Mr. Fazlur Rehman’s commitment to the nation, asserting, “Maulana Fazlur Rehman has consistently prioritised Pakistan’s interests, and his contributions to the country are indispensable.”

The experienced politician reaffirmed his dedication to Pakistan and its populace, stating, “Our priority has consistently been Pakistan and the well-being of its citizens.”

Senator Kamran Murtaza attended the meeting.