Islamabad: Pakistan's Supreme Court on Friday declared the sacking of a former high court judge as illegal, years after he was removed over a speech against the Inter-Services Intelligence (ISI), the powerful intelligence agency of the country.
Former Islamabad High Court senior puisne judge Shaukat Aziz Siddiqui was sacked on October 11, 2018, by the Supreme Judicial Council, the highest body authorised to take action against judges of high and supreme courts, based on a speech he had delivered weeks ago at the Rawalpindi Bar Association.
Siddiqui in his address had accused the ISI of influencing the court proceedings and forming benches of choice. The sacked judge had challenged his removal in the apex court, which after lapses of several years started the hearing. A five-member panel led by Chief Justice Qazi Faez Isa and including Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Hasan Azhar Rizvi, and Justice Irfan Saadat conducted the hearing, which was broadcast live.
The bench concluded the proceedings of the hearing on January 23 and reserved judgment, which was announced today. The bench ruled that Siddiqui's removal was illegal and he would be considered a retired judge of the Islamabad High Court and entitled to all the benefits of a former judge.
A day before the hearing concluded, former ISI director general retired Lt Gen Faiz Hameed had submitted his response to Justice Siddiqui's petition. He rejected the allegations of his involvement in the constitution of 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.
At the previous hearing, notices had been issued to Gen Hameed, retired Brigadier Irfan Ramay, former IHC Chief Justice Anwar Khan Kasi and former Supreme Court registrar Arbab Muhammad Arif. Siddiqui had named seven individuals in his amended plea, however, the court remarked that three others former Chief of Army Staff Gen Qamar Javed Bajwa, and two retired brigadiers, Faisal Marwat and Tahir Wafai, had no direct connection with the case.
During the last hearing, Chief Justice Isa said the court could not punish anyone without conducting an inquiry. The Supreme Court has to draw a line on the difference between the Supreme Court and the Supreme Judicial Council, he observed. If removing a judge is so easy, then this is a threat to the independence of the judiciary, the top judge had further noted, adding that the current matter was public and people had a right to know the truth.
