ISLAMABAD : Justice Umar Ata Bandial has remarked Shaukat Aziz Siddiqui should have informed Chief Justice of Pakistan (CJP) before delivering speech.
He gave these remarks while presiding over five members bench of Supreme Court (SC) during the course of hearing of appeal plea filed against Supreme Judicial Council (SJC) on sacking Islamabad High Court (IHC) judge Shuakat Aziz Siddiqui Friday.
The counsel for Shaukat Aziz Siddiqui argued “ had decision been taken to initiate action against my client then holding inquiry was must.
Justice Omar Ata Bandial remarked “ inquiry would have been held only when there had been no admitted facts. Shaukat Aziz Siddiqui leveled allegations against the national institutions in public. When he had given vent to his grudge in public then there was no need of holding inquiry later. Shaukat Aziz Siddiqui should have informed CJP before delivering his speech.
Hamid Khan took the plea this reference was not sent by the president and the SJC took suo moto notice of it. SJC sacked my client on the basis of show cause notices and his replies.
Justice Ijaz ul Ahsan remarked SJC did not take suo moto notice. It took action on receipt of the complaint.
Justice Omar Ata Bandial while addressing Hamid Khan counsel for Shaukat Aziz Siddiqui remarked time is very short and don’t go into such details. The delivery of this speech, its text and its facts are all admitted facts. We have to defend the national institutions. If we don’t protect the institutions then who will protect them. There was internal mechanism in place for filing complaint in the event of attack on the institution. This new routine has been started that all should be made public.
Justice Sajjad Ali Shah remarked Shaukat Aziz Siddiqui should have taken contempt of court notice.
Hamid Khan argued when the matter came into their knowledge then the chief justices did not issue contempt of court notice. Those who have been named by Shaukat Aziz Siddiqui should also be asked.
Justice Ijaz Ul Ahsan inquired from the counsel of the petitioner “ give us reply to two questions. Was this speech violation of code of conduct of judge or otherwise. Make us understand why the council should seek evidence after appointment.
Hamid Khan took the plea application for open trial was filed in SJC which was rejected. Several procedures have been laid down for protection of service tenure of judge.
Justice Ijaz ul Ahsan remarked as per constitution Prime minister or parliament can not lay off any judge. SJC is for the protection of service tenure of judge.
Hamid Khan said letter was written to chief justice and its copy is on the record. Shuakat Aziz Siddiqui is telling he contacted the chief justice four time to meet the chief justice but no appointment was given.
Justice Umar Ata Bandial remarked if judge does wrong thing then the trial of the entire judiciary starts. Using public platform by Shaukat Aziz Siddiqui was wrong. Sheukat Aziz Siddiqui kept on meeting intelligence agencies personnel silently.
Hamid Khan said what was being done with Shaukat Aziz Siddiqui he demonstrated courage by making it public.
Justice Umar Ata Bandial remarked telling the public is not courage but it is laying down the arms.
Hamid Khan said I should have been given permission that I should told about the objective of the speech. The motive of my speech was not maligning the judiciary but it was aimed at improving the system. SJC was fearing that if inquiry is held then my client will ask to call the generals. SJC talked against me this way to avert this situation.
The court adjourned the hearing of the case for indefinite period.