Sacking judges sans inquiry will set ‘wrong precedent’


The lawyer for the sacked Islamabad High Court jurist, Shaukat Aziz Siddiqui, on Tuesday cautioned that if judges have been eliminated with out an inquiry, it might set a fallacious precedent.

A five-member bigger bench of the apex courtroom, headed by Justice Umar Ata Bandial, was listening to an attraction by Siddiqui in opposition to the opinion of the Supreme Judicial Council (SJC) and the October 11, 2018, notification underneath which he was sacked as a superior courtroom decide for his July 21, 2018, for his speech on the Rawalpindi District Bar Association.

The former decide, in his speech, had accused the nation’s prime intelligence company of manipulating courts.

Siddiqui’s lawyer Hamid Khan advised the courtroom that as per Article 209 of the Constitution, it was obligatory to research the allegations in opposition to a decide earlier than deciding whether or not they need to be eliminated or not.

Justice Bandial famous that the sacked decide in his speech had “transgressed limits”.

Justice Mazhar Alam Miankhel noticed that the previous decide was issued a show-cause discover for the speech. “If he hadn’t delivered the speech, the discover wouldn’t have been served,” he added.

Justice Ijazul Ahsan remarked that it did befit a decide to humiliate establishments or the federal government.

“A judge’s speech in the bar or at a public forum is supposed to be within constraints and limits,” he added.

“Even an SC judge cannot comment on matters of foreign policy.”

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Hamid contended that former chief justice MR Kayani had delivered speeches in opposition to martial regulation.

He added that then-chief justice Iftikhar Muhammad Chaudhry had additionally delivered speeches in several bar councils in the course of the legal professionals’ motion of 2007.

Justice Sardar Tariq Masood replied that MR Kayani had not ridiculed his personal establishment.

He additionally questioned that why did the petitioner meet a army officer thrice at his residence regardless of mentioning in his order that the exact same officer had dedicated an unconstitutional act by signing an settlement with the Tehreek-e-Labbaik in 2017.

Referring to Siddiqui’s order within the Faizabad sit-in case, Justice Masood requested whether or not the previous IHC decide had taken a suo motu discover as a result of no grievance in opposition to the military or its serving officers had been filed within the courtroom.

“Did the high court have the authority to take a suo motu notice?” Justice Masood requested, to which Hamid responded that the courtroom might take discover if “something unlawful” emerged.

Justice Bandial recalled that the SJC had issued two show-cause notices to Siddiqui for November 27, 2017, order however that no motion was taken on these notices.

Hamid maintained that this motion of issuing notices itself confirmed how a lot the SJC that gave the decision in opposition to Siddiqui was underneath the affect of an intelligence company.

Justice Bandial expressed his anger and requested the lawyer to not give sweeping statements and levelling allegations.

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