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Chief Justice of Pakistan (CJP) Qazi Faez Isa on Tuesday observed that giving a speech was “anybody’s right” as the Supreme Court heard a petition filed by former Islamabad High Court senior puisne judge Shaukat Aziz Siddiqui against his removal.
“Is a judge not allowed to make a speech? I think we should not forget the fact. […] If the fact was making the speech, then half of the judiciary will have to go home,” CJP Isa remarked.
“Making a speech is your right, anybody’s right,” he stated.
The remarks were made as a five-member bench — led by CJP Isa and including Justice Aminuddin Khan, Justice Jamal Khan Mandokhail, Justice Hasan Azhar Rizvi, and Justice Irfan Saadat — resumed hearing Siddiqui’s plea. The proceedings are being broadcast live on the SC’s website.
The judge had challenged a decision of the Supreme Judicial Council (SJC) about his dismissal from service and an Oct 11, 2018 notification under which he was removed for a speech he had delivered at Rawalpindi Bar Association.
In his speech, Justice Siddiqui had accused the Inter-Services Intelligence (ISI) of influencing the court proceedings and forming benches of choice.
A day earlier, former ISI director general retired Lt Gen Faiz Hameed submitted his response to Justice Siddiqui’s petition. In his response, he rejected the allegations of his involvement in the constitution of IHC benches to prolong the detention of former premier Nawaz Sharif and his daughter Maryam Nawaz.
The ex-spymaster claimed Justice Siddiqui had dragged him into the case for no reason.
In the previous hearing, notices had been issued to Gen Hameed, retired brigadier Irfan Ramay, former IHC chief justice Anwar Khan Kasi and former SC registrar Arbab Muhammad Arif.
Siddiqui had nominated seven individuals in his amended plea, however, the court remarked that three others — former chief of army staff Qamar Javed Bajwa, and two retired brigadiers Faisal Marwat and Tahir Wafai — had no direct connection with the case.
During the hearing, Khawaja Haris appeared as Gen Hameed’s and brigadier Ramay’s counsel while Wasim Sajjad was present as Justice Kasi’s lawyer. Hamid Khan appeared as the petitioner’s counsel.
The hearing
At the outset of the hearing, Haris came to the rostrum and informed the court who he was representing.
Justice Siddiqui’s lawyer urged the court to conduct a “fair inquiry” of the matter, arguing that under Article 209(6) of the Constitution, the SJC could not present a report to the country’s president without conducting an inquiry.
When asked about the allegation against his client, Hamid answered it pertained to a speech and urged the court to quash the decision against Siddiqui.
CJP Isa asked whether the ex-judge “admitted the allegations against him or rejected them”, to which the lawyer replied that his client had denied all allegations levelled against him. The top judge then noted that former SC registrar Arbab had submitted his response as well.
Hamid then asserted that the ex-registrar had said he had brought the matter to the notice of then-IHC chief justice Kasi, whose lawyer then came to the rostrum.
The chief justice then asked how the case should proceed ahead, to which Hamid said: “The submitted responses have made my case clear. The SJC had not conducted any inquiry. If there had been an inquiry, witnesses would have appeared [and] cross-examination would have been allowed.”
The counsel then requested that the order to remove the former judge be declared unlawful.
At this, the CJP observed that according to the attorney general of Pakistan, a factual inquiry“ had not been conducted, wondering how the five-member SC bench could then decide on the case.
“What would happen if […] it is not determined whether the allegations are false or true?” Justice Isa asked, noting that the claims were made in public. “Will the decision of the judge’s removal be maintained if the allegations are proven false?”
In response, Hamid said that the decision against his client should first be set aside and then a commission should be constituted to conduct an inquiry.
CJP Isa then asked if the matter could be referred back to the SJC, to which the ex-judge’s lawyer replied in the affirmative.
At this point during the hearing, Justice Mandokhail said, “Let’s assume that the allegations (made by Siddiqui) are true but was it appropriate for a judge to make such a statement? You have not denied making the speech.”
The chief justice also wondered, “Is any judge allowed to make such a speech?”, at which Hamid acknowledged that the speech could not be denied.
Justice Mandokhail again wondered if Siddiqui’s conduct as a judge was “appropriate” while Justice Isa noted that a speech could be of “two kinds”.
“Is a judge not allowed to make a speech? I think we should not forget the fact. […] If the fact was making the speech, then half of the judiciary will have to go home,” the top judge remarked.
“It is not the question of mere making of the speech. It is the content of the speech,” he observed, adding that if allegations were made in the speech or a “vicious or loaded attack” was launched, the two elements could not be “disconnected”.
“Making a speech is your right, anybody’s right,” CJP Isa stated.
More to follow
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