The Supreme Court has reserved its decision on the appeal filed by former Islamabad High Court (IHC) judge, Shaukat Aziz Siddiqui, challenging his removal from office following a controversial speech against state institutions.
A five-member bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa heard the case, including Justices Amin-ud-Din Khan, Jamal Khan Mandokhail, Hasan Azhar Rizvi, and Irfan Saadat Khan.
After reserving the verdict, CJP Isa outlined the day’s proceedings, seeking responses to specific questions raised during the hearings.
The court inquired whether the Supreme Judicial Council (SJC) conducted a proper inquiry and raised concerns about the constitutionality and legality of such an investigation.
Additionally, the court raised questions about the relief that could be granted if Siddiqui’s appeal is successful and whether the Supreme Court can refer the matter back to the SJC.
The written verdict also questioned whether the judge’s speech, in itself, violated the code of conduct, obviating the need for council action.
The court has asked all parties involved to submit answers to these questions within three weeks, with the possibility of further judicial action if deemed necessary.
During the hearing, CJP Isa noted that a judge’s removal based on a speech could lead to the departure of many judges, emphasizing that the issue lies not in the act of speaking but in the content of the speech.
The court also highlighted the former judge’s date of retirement, indicating that he had reached superannuation on June 30, 2021.
The chief justice remarked on the broader context, noting that judges globally participate in public discourse, and the challenge is distinguishing acceptable speech from inappropriate demands.
He questioned what order the court should issue given the circumstances and whether the Supreme Court could constitutionally remand the case to the SJC.
Lawyers representing Siddiqui argued that the SJC should have conducted a proper inquiry before dismissing him and insisted on the formation of a judicial commission to investigate the speech. The Attorney General for Pakistan, Mansoor Usman Awan, representing the federation, stressed the importance of a full inquiry and the adherence to established legal requirements.
The case’s history includes Siddiqui’s removal from the IHC in 2018 for a speech critical of intelligence agencies. Multiple references, including alleged extra expenses and remarks during the Faizabad sit-in case, were filed against him. The SJC decided to dismiss him on October 11, 2018.
Siddiqui has been challenging his dismissal since, with the Supreme Court ordering him to nominate individuals in his plea against dismissal during the last hearing on December 14, 2023.
