ISLAMABAD: The Supreme Court (SC) on Friday overturned the dismissal of former senior puisne judge of the Islamabad High Court (IHC), Shaukat Aziz Siddiqui.
In January, a five-member bench headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, and comprising Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Hasan Azhar Rizvi, and Justice Irfan Saadat, had reserved its verdict on Siddiqui’s appeal against his removal. The proceedings were broadcast live on the apex court’s website.
Siddiqui had contested a decision of the Supreme Judicial Council (SJC) regarding his dismissal from service, along with an October 11, 2018 notification through which he was removed for a speech he delivered at the Rawalpindi Bar Association.
In his speech, Justice Siddiqui had accused the Inter-Services Intelligence (ISI) of influencing court proceedings and manipulating bench formations.
Although Siddiqui had named seven individuals in his amended plea, the court observed that three others—former chief of army staff Qamar Javed Bajwa, and two retired brigadiers Faisal Marwat and Tahir Wafai—had no direct involvement in the case.
On January 22, retired Lt Gen Faiz Hameed, former ISI director-general, submitted his response to Justice Siddiqui’s petition, refuting allegations of his role in constituting IHC benches to prolong the detention of former Prime Minister Nawaz Sharif and his daughter Maryam Nawaz. Hameed claimed that Justice Siddiqui had implicated him in the case without basis.
In the previous hearing, the SC raised concerns regarding whether the SJC adhered to due process before ordering Siddiqui’s termination.
In its written verdict, the SC invalidated the SJC’s opinion on Siddiqui’s dismissal and the subsequent October 11, 2018 notification.
“As a result, Justice Siddiqui is to be regarded as having retired as a judge of the IHC and is entitled to receive all benefits and privileges accorded to a retired judge, as per the terms outlined in these petitions,” the order stated.