The Supreme Court on Friday issued notices to former senior army officers Lt-General Faiz Hameed and Brig Irfan Ramay in connection with a case relating to dismissal of Islamabad High Court (IHC) ex-judge Shaukat Aziz Siddiqui, reported 24NewsHD TV channel.
Besides issuing notice to former spymaster Faiz Hameed, the apex court also issued notices to former IHC chief justice Anwar Kasi and Supreme Court ex-registrar Arbab Arif, saying these four personalities will be given fair opportunity to defend themselves against allegations levelled against them.
Earlier, the Supreme Court remarked that former Islamabad High Court (IHC) judge Shaukat Aziz Siddiqui cannot be reinstated to his post as he has reached the retiring age of 62 years.
The observation was made by Chief Justice of Pakistan (CJP) Qazi Faez Isa.
Earlier, the Supreme Court resumed the hearing of the case relating to dismissal Shaukat Aziz Siddiqui.
The proceedings of the five-judge apex court bench were streamed live.
The SC 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.
Today's hearing
As the proceedings began, the petitioner's lawyer Hamid Khan told the court that his client has included the names of the parties in his petition.
The Chief Justice of Pakistan inquired whether Shaukat Aziz Siddiqui's allegations were true.
The top judge asked the lawyer: “Shaukat Aziz Siddiqui was fired for a speech based on these allegations, think and answer if your allegations are true, the generals you want to side with, did they themselves want to come to power in 2018?”
Justice Isa remarked further: “If your allegations are true, then those generals wanted to be someone's facilitators, who was this person for whom these generals were acting as facilitators? If your allegations are true, then they would want to remove the Prime Minister and bring someone else, who was he?”
Siddiqui's lawyer Hamid Khan said that the allegations leveled by his client are true, to which the Chief Justice said, “You have come before us under Article 184-3. You should keep this in mind what will happen under the original jurisdiction?”
The Chief Justice said that you made accusations behind people's back and did not make them a party. If those people were not faithful to uphold the constitution, other people would also fall into the trap. You are saying that India has gone ahead because they hold elections from time to time. if someone is disqualified then someone will benefit, you have brought this case to us under Article 184-3, it is a very serious matter but you are not taking it seriously.
The Chief Justice said in a dialogue with lawyer Hamid Khan that he also participated in the election many times, ‘Let’s talk about our Supreme Court Bar Association, a person is kept out for that reason and not because the favorite candidate wins, we didn't call you, you came here yourself, now we will decide the matter’.
The CJP went on to say ‘It cannot be possible that you bring a case of an individual and say don’t look into the cases of others, won’t you reckon that it will be an attack on the constitution, judiciary, and democracy. We will take notice of it and conclude the case’.
It should be remembered that the Supreme Court yesterday, during the hearing of the constitutional petitions against the removal of Shaukat Aziz Siddiqui as a judge of the Islamabad High Court, allowed the petitioner to make the relevant officers a party to the case and adjourned the further hearing of the case till today.
‘Serious allegations made by Siddiqui will also have serious consequences’
The Chief Justice of Pakistan remarked that the jurisdiction of the court has started in the application submitted under Article 184-3. If the military officer gives benefit to someone, he will also be caught in this trap, the judge added.
Lawyer Hamid Khan said that the army might have wanted to get the desired results, to which the Chief Justice of Pakistan said that a candidate is sidelined so that the favored candidate wins.
Former IHC judge Siddiqui said that the army had got the symbol of ‘Jeep’ for its candidates, on which the Chief Justice asked if the army is an independent organization or is it subordinate to someone. Who runs the army?
Lawyer Hamid Khan said that the army is subordinate to the government, on which Justice Qazi Faez Isa said ‘the government is not an individual, name the person who runs the army, when you come to us, we will follow the constitution. It is not an easy way. The serious allegations made by Shaukat Aziz Siddiqui will also have serious consequences’.
CJP says won’t allow judiciary to be used
The Chief Justice of Pakistan remarked that he will not allow the Supreme Court to be used for someone’s motives, while Justice Jamal Mandokhel said that an attempt is being made to use our shoulders.
Justice Isa said that we will not be partial to any side, while lawyer Bar Council Salahuddin said that they are making party to those named by the deposed IHC judge.
Lawyer Salahuddin said that Siddiqui did not talk about benefiting anyone else, including the founder of PTI. We can’t name someone on the assumption of giving benefit.
On this, the Chief Justice inquired if Shaukat Aziz Siddiqui's accusations were also assumptions. If you write down the name of anyone, do you think, we should issue notice to him?
The Chief Justice of Pakistan said, "Do you want to use our shoulders? People should not be harassed unnecessarily by issuing notices. Tell us why did this thing happen, which party was to be thrown out (of election)?”
Barrister Salahuddin Ahmed said that Nawaz Sharif was expelled by putting pressure on the judicial system, the Chief Justice of Pakistan asked who benefited from this? Did this happen to benefit Sindh Bar or Islamabad Bar? On which Barrister Salahuddin said, we have requested an inquiry so that the facts come out.
Addressing the Barrister, the Chief Justice of Pakistan said that the Sindh Bar has come for the pension of Shaukat Siddiqui, so it does not come under the scope of 184-3. Don’t tell us whether we should hold an inquiry or not, you just assist the court, the CJP asked the lawyer.
‘General ® Bajwa not directly accused by former judge’
Chief Justice Isa remarked that Shaukat Aziz Siddiqui took the name of former ISI Chief General ® Faiz Hameed. We heard the name of General ® Qamar Javed Bajwa, but Siddiqui had not directly spoken about Bajwa.
Justice Mandokhel inquired if the Chief Justice of the High Court had formed the bench that Faiz Hameed wanted? On which, lawyer Hamid Khan said what Faiz Hameed wanted, happened. Faiz Hameed wanted Nawaz Sharif not to be bailed before election 2018, the lawyer told the court.
The Chief Justice of Pakistan remarked that now you yourself have brought the matter up to election 2018, while Justice Mandokhel asked what was the decision on Nawaz Sharif's appeal? Hamid Khan said that the appeals have just been decided and Nawaz Sharif has been acquitted.
Chief Justice Isa said, “There is no connection with General ® Bajwa, you say that Faiz Hameed came at the behest of General ® Bajwa? But General ® Bajwa is not directly accused, nowadays people use anyone's name. I think Ramay is also irrelevant to this case.”
During the hearing, the court issued a notice to former ISI DG Lt. Gen. (r) Faiz Hameed, while the court issued notice to Brigadier (r) Irfan Ramay, former registrar of Supreme Court Arbab Arif and former chief justice of Islamabad High Court Anwar Kasi.
The court said that Siddiqui made serious allegations against some people, the Supreme Court thinks that those accused should be given a chance to answer.
Meanwhile, Justice Mandokhel said that a lawyer used his name to get his job done when he went to a deputy commissioner.
On this, the Chief Justice said that his name could also be used, but whoever has evidence should talk about it. “If we notify General ® Bajwa, tomorrow we will be told that there was a wrong notice. You said in the speech that General Faiz said that General Bajwa was angry. If General ® Faiz comes here and claims that everything was done at the behest of General ® Bajwa, then a connection will be made.”
Later, the court adjourned further hearing of the case till January after the court’s winter break.
Previous hearing
On Thursday, the Supreme Court had hinted at issuing notice to former ISI chief Lt-Genera (retd) Faiz Hameed while hearing the case relating to dismissal of Shaukat Aziz Siddiqui.
Shaukat Siddiqui’s counsel Advocate Hamid Khan 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 asked Hamid Khan whether former ISI DG Faiz Hameed was made a party to the dispute. The lawyer replied 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.
The chief justice remarked that the court would not allow blaming those who are not party to the dispute.
The CJP asked Hamid Khan to make Faiz Hameed, 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 on next hearing.
Reporter Amanat Gishkori