SC sets aside dismissal of Islamabad High Court judge for accusing ISI of interfering in judicial matters

The Supreme Court of Pakistan set aside the dismissal of Islamabad High Court judge, Justice Shaukat Aziz Siddiqui, for accusing ISI of interfering in judicial matters and forming benches of choice.

The court said “If all that Justice Siddiqui alleged was true then it would be unjust and unfair to punish him for highlighting wrongdoing at the highest level. But, if on the other hand what he had alleged was found to be false then he would be guilty of misconduct”.

One of the allegations Justice Siddiqui made was that ISI personnel approached Chief Justice
Islamabad High Court and asked him not to let Mr. Nawaz Sharif and his daughter come out of prison before General Elections and not to include Mr. Justice Shaukat Aziz Siddiqui in the Bench. Chief Justice Islamabad High Court responded that the Bench will be constituted as per their desire.

The judge had named seven senior army and ISI officials, including the then ISI Chief, Lt. General Faiz Hameed.

On January 22 this year, Gen Hameed submitted his response to Justice Siddiqui’s petition, wherein he rejected the allegations of his involvement in constituting IHC benches to prolong the detention of former premier Nawaz Sharif and his daughter Maryam Nawaz. The ex-spymaster claimed Justice Siddiqui had dragged him into the case for no reason.

Last month, in a 23-page concise statement submitted to the SC, Gen Faiz and Brig Irfan Ramay, through their counsel Khawaja Haris Ahmed, contended that the Constitution does not provide for the continuation of SJC proceedings against judges who either resigned from office or retired on reaching superannuation prior to the conclusion of such proceedings.

In its written verdict issued today, the SC said that the SJC’s opinion about Siddiqui’s dismissal and the subsequent notification issued on Oct 11, 2018 were “set aside”.

March 22, 2024

Source: Dawn

By Editor

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