Five-member SC larger bench headed by Justice Umar Ata Bandial to hear Justice (retd) Shaukat Aziz Siddiqui’s case today


ISLAMABAD, Dec 05 (SABAH): Five-member larger bench of the Supreme Court of Pakistan headed by senior most judge of the apex court Justice Umar Ata Bandial will hear three petitions field against the removal of former judge Islamabad High Court Justice (retd) Shaukat Aziz Siddiqui today (Monday).

The other members of the larger bench include Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Mazhar Alam Khan Miankhel and Justice Sajjad Ali Shah. The bench will conduct hearing on the petitions field by Justice (retd) Shaukat Aziz Siddiqui, Islamabad Bar Association and Karachi Bar Association at 1:00 PM.

Justice (retd) Shaukat Aziz Siddiqui, Islamabad Bar Association and Karachi Bar Association have filed the petitions through Hamid Khan Advocate, Salahuddin Ahmed Advocate and Rasheed Ahmed Rizvi Advocate.

The court has issued notices to Attorney General for Pakistan and other parties for the hearing of today (Monday). Federation of Pakistan, Secretary Ministry of Law and Justice and others have been made party in the petitions.

It is worth mentioning here that former judge Islamabad High Court Justice (retd) Shaukat Aziz Siddiqui had filed another constitutional petition in Supreme Court of Pakistan on 24th November for the early hearing of his petition filed against the Supreme Judicial Council (SJC) decision to remove him as judge of the Islamabad High Court.

Justice (retd) Shaukat Aziz Siddiqui had made federation of Pakistan and another party in the constitutional petition. The petition had been filed through Advocate on Record Syed Rifaqat Hussain Shah. It had been requested the Apex Court to hold hearing on this petition on 1st December.

It has been submitted in the petition that on 11.06.2021, this Hon’ble Court observed while adjourning this matter that the matter be relisted on availability of the bench before the end of June 2021. However, the case could not be fixed date.

The application says that numerous applications for early hearing were filed on behalf of the Petitioner in the titled Petition and a letter dated 05.08.2021 inviting attention regarding hardships being faced by the Petitioner due to prolong pendency of the matter was also send to Hon’ble Chief justice but unfortunately nothing appears to have been done to bring the lis on cause list. However, office proposed three different dates i.e. 12.10.2021. 03.11.2021 and 25.11.2021 which were approved for fixation but for some unknown reasons all three occasions, hearing was cancelled just days before the proposed dates.

The petition further states that it may kindly appreciated that the Petitioner is out of office since 11.10.2018 and not employed or engaged and such situation had put entire family on hardships and financial crises.

The petition further states that a recent address by the Hon’ble Chief Justice in a conference gave ray of hope to the Petitioner that other factor would not be relevant any more in the instant matter which is pending since October 2018. In this behalf it may be appreciated that the case of petitioner is a test case to gauge the independence of judiciary and lack of external pressure.

The petition said that the matter in issue is a great public importance in as much as important questions in relation to the independence of judiciary, rule of law and supremacy of the Constitution have been raised there in. It therefore require an earlier adjudication of this matter by this Honorable Court and the matter has already been delayed.

The petition said that Petitioner’s several legal, fundamental and Constitutional rights are involved in the case. The Petitioner seeks indulgence of this Hon’ble Court for the early fixation of the case in the interest of justice.

It is therefore most respectfully prayed that the titled constitutional Petition may kindly be fixed for hearing for 01.12.2021.