ISLAMABAD: The Supreme Court of Pakistan on Tuesday dismissed a plea filed by a judge of the Islamabad High Court (IHC), seeking the suspension of proceedings of misconduct against him being conducted by the Supreme Judicial Council (SJC).
A five-member SC bench, comprising Justice Gulzar Ahmed, Justice Sheikh Azmat Saeed, Justice Dost Muhammad Khan, Justice Ijaz ul Ahsan and Justice Sajjad Ali Shah, dismissed the plea.
Declining to grant a stay order against the proceedings being conducted by the SJC, Justice Gulzar Ahmed observed that the court did not want to hear the case in pieces and noted that there was no need to issue a stay order.
“If a stay order is issued, the whole case will be buried under it,” the court observed, adding that the case would be heard properly and a decision would be delivered.
Justice Gulzar Ahmed noted that the case involved dozens of questions, which needed to be addressed. Later, the court adjourned the hearing till today (Wednesday).
Earlier, on November 2, a two-member SC bench had referred to the chief justice of Pakistan (CJP) a plea of Justice Siddiqui, seeking the formation of a larger bench to hear the reference of misconduct against him in the open court.
The proceedings on the reference of misconduct against Justice Siddiqui are being conducted by the SJC.
Makhdoom Ali Khan, counsel for Justice Shaukat Aziz Siddiqui, submitted before the court that the SJC rules were violative of the constitution, as the constitution did not allow SJC to make laws.
He contended that the council was only empowered to make a Code of Conduct. He recalled that in the past, an inquiry had been held against a judge for admonishing a DSP. “The judge later resigned from his office. However, the media reported that the judge had resigned on the basis of corruption,” he said.
He argued that the trial should be held in an open court, so that the truth could come before the masses.
The SJC had issued a show-cause notice to Justice Siddiqui on February 15 and on October 10 had decided to record evidence against him in the first week of November.
Meanwhile, Justice Siddiquie moved the SC against the order passed by the SJC, requesting the apex court to declare the SJC’s May 18 order null and void as it had been passed without lawful authority.
At present, the SJC is dealing with four references filed against Justice Mazhar Ali Naqvi, Justice Farrukh Irfan of Lahore High Court, IHC Chief Justice Muhammad Anwar Khan Kasi and Justice Shaukat Aziz Siddiqui.
A reference against Justice Muhammad Anwar Khan Kasi related to illegal hiring of his own brother and 74 other individuals is still pending with the SJC.
Similarly, two references against Justice Shaukat Aziz Siddiqui, one pertaining to misuse of authority for personal gains and another involving misconduct when he addressed a lawyers’ general body meeting are still awaiting decision.
Published in Daily Times, November 8th 2017.
