In the Shaukat Aziz Siddiqui dismissal case, the Supreme Court reserved its decision and instructed the involved parties to provide responses to specified questions within three weeks.
Chief Justice Qazi Faiz Isa, leading a five-member bench, emphasized that a comprehensive inquiry had not taken place, as acknowledged by all parties.
During the hearing, Chief Justice Isa noted the significant powers of the Judicial Council, emphasizing its inquiry capabilities. Shaukat Aziz Siddiqui’s lawyer, Advocate Hamid Khan, argued for the Supreme Court to declare the Judicial Council’s actions as unconstitutional.
Chief Justice Isa expressed concerns about deciding the case without a clear determination of the allegations’ validity. He questioned the implications if the accusations proved false after the inquiry and emphasized the need to set an example. Shaukat Siddiqui’s lawyer proposed nullifying the council’s action, urging the Supreme Court to form a commission to investigate the allegations.
The Chief Justice raised practical challenges, asking how a commission could be formed and whether the matter should be referred back to the council. The independence of the judiciary and adherence to legal requirements in the Council’s actions were highlighted.
Lawyer Faiz Hameed Khawaja Haris argued that only public speeches should be considered, but Chief Justice Isa stressed the importance of upholding the judiciary’s independence and ensuring the Council’s actions comply with the law.
The discussion touched on whether the Supreme Court could conduct an inquiry and the appropriateness of accusing a subsidiary government body. Shaukat Aziz Siddiqui’s lawyer called for annulling the entire inquiry and returning the matter to the Council, while Lawyer Faiz Hameed argued against sending it back, citing Siddiqui’s expired term.
Chief Justice Isa questioned how the speech violated the Code of Conduct for Judges, emphasizing the need for a standard in accepting statements from judges and Chief Justices. The Attorney General argued against Siddiqui’s removal without a proper inquiry, referencing legal requirements and urging a review of the Aafia Shahr Banu case.
The Chief Justice expressed concerns about the removal without a complete inquiry, emphasizing the importance of ensuring a fair trial for judges facing action. The Attorney General suggested linking Siddiqui’s case with others related to the Aafia Shahr Banu case.
