Khudayar Mohla
Islamabad, (TLTP): Challenging his removal from permanent post of Judge of the Islamabad High Court (IHC), Shaukat Aziz Siddiqui urged the Supreme Court on Friday to restore the petitioner on one of the major grounds that Supreme Judicial Council (SJC) has not observed due process while adjudicating over reference filed against him.
Making federation through secretary Ministry of Law and Justice and secretary of the SJC as respondents Siddiqui filed constitutional petition before Supreme Court under Article 184(3) of the Constitution of Pakistan saying he was discriminately sacked on account of making a public speech.
President Arif Alvi had removed Siddiqui as Judge of the IHC on the recommendation of the SJC on October 11 after the SJC had unanimously opined that while delivering the speech before the District Bar Association in Rawalpindi on July 21, Shaukat Aziz Siddiqui displayed a conduct unbecoming of a high court judge.
The decision was taken by five-member of the SJC led by Chief Justice of Pakistan Justice Mian Saqib Nisar whereas other members of the SJC were Justice Sardar Asif Saeed Khan Khosa, Justice Gulzar Ahmad, Chief Justice of the Lahore High Court Justice Yawar Ali and Chief Justice of the Sindh High Court Justice Ahmed Ali Sheikh.
Through the constitutional petition, Siddiqui alleged, “All the proceedings before the SJC against the petitioner judge which culminated into his removal through the impugned notification of Oct 11, were made in violation of due process and fair trial and in an unholy haste, which undermined the rule of law and independence of judiciary”.
Siddiqui claimed his removal was done in an illegal manner and blamed that the removal was part of preconceived plan of the worth Chairman of the SJC who, according to Siddiqui, intended to deprive the petitioner judge from becoming the Chief Justice of the IHC.
Deposed judge also claimed, “A plan is now a foot to bring his man as a Chief Justice of the IHC. This is itself sufficient ground to establish the malafide exercise of power by the Chairman”.
Siddiqui prayed in his petition, “This Honorable court may graciously be pleased to set aside the impugned report and notification of Oct 11 and petitioner may be restored to his position as a permanent judge of the IHC”.