The Supreme Court on Friday ruled the removal of former Islamabad High Court (IHC) Justice Shaukat Aziz Siddiqui illegal and designated him a retired judge.
A five-member bench led by Chief Justice Qazi Fazi Isa criticized the Supreme Judicial Council (SJC) for proceeding against Siddiqui based on assumptions rather than evidence. It highlighted that Siddiqui couldn’t prove his allegations, particularly against Maj Gen Faiz Hameed.
The verdict emphasized the necessity for Siddiqui to confront those he accused, noting the denials of involvement by the accused parties. It criticized the SJC’s failure to investigate the truth behind Siddiqui’s claims, deeming the process unfair.
The Supreme Court underscored every individual’s right to a fair trial, noting Siddiqui was denied this opportunity. It remarked that the SJC couldn’t label the allegations false without an inquiry.
The court also found flaws in the SJC’s identification of Siddiqui’s misconduct. It was noted that complaints from the army chief and the government and a recommendation for an inquiry were ignored.
The verdict concluded that Siddiqui should be considered retired and entitled to all benefits of a retired judge due to procedural oversights and his reaching retirement age during the judicial process.
Siddiqui faced removal after criticizing the judiciary and alleging undue influence by military officials in his 2018 speech. His 2018 dismissal by then-president Dr. Arif Alvi was based on SJC’s recommendation, which Siddiqui contested in the Supreme Court. The case, initially heard in 2020, was delayed until a new bench addressed it in December of the last year.
