TERENCE J SIGAMONY
ISLAMABAD: The President of Pakistan has removed Justice Shaukat Aziz Siddiqui, a judge of Islamabad High Court, from his office with immediate effect.
Secretary Ministry of Law Shakoor Paracha Thursday issued the notification, which says: “Consequent upon proceedings under Article 209 (5) and recommendation of the Supreme Judicial Council under Article 209 (6) read with Article 48(1) of Constitution and SI No. 32 of Schedule V-B of Rules of Business, 1973, the President of Pakistan has removed Justice Shaukat Aziz Siddiqui from his office with immediate effect.”
Earlier in the day, the Supreme Judicial Council (SJC) on Thursday recommended for the removal of Justice Shaukat Aziz Siddiqui, a judge of Islamabad High Court, from his office under Article 209 (6) of Constitution.
“This council is of unanimous opinion that in the matter of making his speech before District Bar Association, Rawalpindi, on 21-07-2018 Justice Siddiqui had displayed conduct unbecoming of a judge of a high court and was, thus, guilty of misconduct and he is, therefore liable to be removed from his office Article 209(6) of Constitution,” said the opinion of the SJC.
The SJC on 1st October in an in-camera meeting after deliberating upon the speech and replies of Justice Shaukat Siddiqui submitted pursuant to the show-cause notice dated 31-07-2018, had reserved the decision either to further proceed with the matter or recommend the removal.
The SJC on the application of Inter-Services Intelligence (ISI) had sought a reply from Justice Siddiqui by August 28 regarding the speech wherein the judge accused ISI of manipulating judicial proceedings and the constitution of benches.
Justice Siddiqui while addressing the Rawalpindi District Bar on July 21 this year had accused the ISI of meddling in judicial affairs. He claimed that the personnel of ISI were manipulating judicial proceedings. He also claimed that the spy agency had approached IHC Chief Justice Muhammad Anwar Khan Kasi for constitution of a bench which would hear the appeal of Nawaz Sharif and his daughter. However, Justice Kasi had denied the allegations leveled against him by Justice Siddiqui.
The IHC judge on July 22 had sent a letter to Chief Justice of Pakistan Mian Saqib Nisar wherein he requested the CJP to constitute a commission to probe the allegation levelled by him in his speech regarding the alleged interference of a security agency in judicial affairs.
After 1970, this is the first instance that the SJC is recommending the removal of a high court judge. Most of the judges have opted to tender their resignations to avoid SJC inquiries. However, Justice Siddiqui opted to face the charges of misconduct and three cases are registered against him in the SJC.
According to the show-cause notice served on Justice Siddiqui, the SJC had noted that the IHC judge in his speech hurled ‘serious allegations’ against the superior judiciary and a ‘state institution’. Therefore he was asked to explain his conduct with regard to his allegations which, prima facie, constitute misconduct on his part within the meaning of paragraph (b) of clause (5) and clause (6) of Article 209 of the Constitution.
The SJC is the only constitutional authority mandated by Article 209 of the Constitution of Pakistan to conduct inquiries into allegations of incapacity or misconduct against a judge of the Supreme Court or high court.
The council consists of the chief justice of Pakistan, the two next senior-most judges of the Supreme Court, and the two most senior chief justices of high courts.
