Supreme Court hints at issuing notice to Faiz Hameed in Justice Shaukat Siddiqui case

The Supreme Court of Pakistan on Thursday hinted at issuing notice to former ISI chief Lt-Genera (retd) Faiz Hameed while hearing the case relating to dismissal of former Islamabad High Court (IHC) judge Shaukat Aziz Siddiqui, reported 24NewsHD TV channel.

The proceedings of the five-judge apex court bench were streamed live. The bench was headed by Chief Justice of Pakistan Qazi Faez Isa which also included Justice Aminuddin, Justice Jamal Mandokhel, Justice Hassan Azhar Rizvi and Justice Irfan Saadat Khan. 

As the proceedings began, Shaukat Siddiqui’s lawyer Hamid Khan came to the rostrum and said that the bench has been changed. “Justice Umar Atta Bandial, Justice Sardar Tariq and Justice Ijazul Hassan were in the earlier bench. I have no objection to the present bench either," he added.

CJP Qazi Isa said Justice Tariq and Justice Ijazul Ahsan had refused to join the bench, and he did not remove anyone. He said the country was heading towards democracy and the apex court was also becoming a democratic institution.

He said he tried to proceed democratically by consensus. “Those who think they have become journalist by holding a mobile phone in hand should be aware that Practice and Procedure Act has become a law,” he added.

Advocate Hamid Khan said democracy is currently in trouble. He read the script of the speech of Shaukat Siddiqui delivered to the Rawalpindi Bar in which he said that the ISI pressured judges to get decisions on their whim.

CJP Isa stopped Hamid Khan and asked him whether former ISI DG Faiz Hameed was made a party to the dispute. The lawyer re[lied in the negative.

The CJP said Shaukat Siddiqui claimed that he was dismissed without giving him a chance to defend him. “Now you are trying to get a verdict without hearing Faiz Hameed,” he remarked.

The CJP observed that Shaukat Siddiqui as a judge would never have given a decision against anyone without hearing him. “It is possible that those facing allegations will confirm the allegations of Shaukat Siddiqui,” he added.

Justice Mandokhel observed many people later admitted that they had worked under pressure.

Hamid Khan and the Bar Councils requested the apex court to allow to make Faiz Hameed party to the case.

The chief justice remarked that the court would not allow blaming those who are not party to the dispute.

Barrister Salahuddin appeared before the court on behalf of the federal government. He raised objection to the case when the CJP asked him whether the government would oppose the case.

The CJP asked Hamid Khan to make Faiz, against whom he had levelled allegations, a party to the case or else come to another point.

The latter replied that he wanted to make the former general a party to the case.

The chief justice asked him if that was the case he should make changes to his petition, and the court would hear it tomorrow.  

Justice Isa asked him who was the Islamabad High Court (IHC) chief justice (CJ) at that time?

Hamid Khan replied that at that time Anwar Kansi was the CJ. He went on to say that three references had been filed against ex-judge Shaukat Siddiqui.

One of the references, he explained, was that Siddiqui had spent an additional amount on his official residence. “We then filed an application in the Supreme Judicial Council in which we asked for the provision of complete details of the expenditures incurred on the judges’ official residences,” Hamid Khan said, adding, “But the council replied that what we were asking for was not our business.”

The second reference, he informed, was based on the remarks Siddiqui had made during the hearing of Faizabad sit-in case.

“Do you mean to say that the reference had been filed only on the basis of his remarks?” Justice Mandokhel asked.

CJP Isa asked who were the complainants against the ex-judge?

The lawyer informed that in the case of official residence expenditures, it was Anwar Gopang, a Capital Development Authority (CDA) employee. “The other reference was filed by Advocate Kalsoom and ex-MNA Jamshed Dasti,” he told the court.

Justice Mandokhel asked in which party Dasti was at that time. “I am not sure. Perhaps he was an independent,” Hamid Khan replied.

“Do you mean to say that the ex-MNA was not completely independent?” the judge questioned.

“And it was the judicial council that had taken notice of the speech Siddiqui had made at Rawalpindi Bar’s function,” the lawyer informed.

Justice Mandokhel inquired as to how it came to the knowledge of the council that the judge whose name was Shaukat Siddiqui had delivered the speech.

The court then adjourned the case’s hearing until 10:30 tomorrow.

Shaukat Aziz Siddiqui was removed vide notification issued by President Arif Alvi on October 11-10-2019 upon the recommendation of the Supreme Judicial Council (SJC) for making a speech to the Rawalpindi Bar Association on July 21, 2018.

In his speech, he had blamed the higher judiciary for the country’s ‘deplorable’ state of affairs.

In 2019, the IHC ex-judge had challenged the SJC report and the President’s order in the Supreme Court.

The former IHC judge stated he was discriminated against for making a public speech while the worthy chairman of the SJC (ex-CJP Saqib Nisar) went on making speeches, addressing Bar Councils, attending conventions and meeting members of the armed forces, including the Chief of Army Staff, Chief of Air Staff and even declaring that whole judiciary was incompetent.

Shaukat stated that he only pointed out interference by some elements in the administration of justice.

Reporter Amanat Gishkori