ISLAMABAD – The Supreme Court on Friday declared the removal of former Islamabad High Court (IHC) Justice Shaukat Aziz Siddiqui as “illegal,” directing that he should now be regarded as a retired judge.
This decision was made by a five-member bench of the apex court, led by Chief Justice of Pakistan Qazi Faez Isa, as stated in a 23-page judgment.
Alongside the Chief Justice, the bench included Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Syed Hasan Azhar Rizvi, and Justice Irfan Saadat Khan.
The verdict highlighted that the Supreme Judicial Council (SJC) had initiated proceedings against Justice Siddiqui based on the premise that the veracity of the allegations made by the former judge was “irrelevant.”
In its released written verdict today, the Supreme Court declared that the Supreme Judicial Council’s (SJC) opinion regarding Siddiqui’s dismissal and the subsequent notification issued on October 11, 2018, have been “set aside.”
The apex court acknowledged that a delay in hearing and deciding these petitions resulted in Justice Siddiqui reaching the age of 62 years during this period, which is the retirement age for a high court judge.
As a result, Justice Siddiqui cannot be reinstated as a judge. “Consequently, Justice Siddiqui shall be regarded as having retired as a judge of the Islamabad High Court, and he will be entitled to receive all the benefits and privileges due to a retired judge, as per the terms of these petitions,” the verdict stated.
The Supreme Court noted that the failure to adhere to the fundamental right of due process led to Justice Siddiqui being treated unfairly, with a conjectural assumption that he was making false allegations.
The court further asserted that the action taken against Justice Siddiqui was done in bad faith, and the Supreme Judicial Council acted without proper jurisdiction (coram non judice).
