ISLAMABAD: The Supreme Judicial Council (SJC) has summoned a sitting Islamabad High Court (IHC) judge on Oct 1 to face a reference on a speech he made in which he allegedly targeted a particular constitutional institution.

Headed by Chief Justice of Pakistan Mian Saqib Nisar, the five-member SJC asked Justice Shaukat Aziz Siddiqui of the IHC to appear in person along with his counsel on Oct 1 and face a third reference against him.

On July 31, the SJC had issued a show-cause notice to Justice Siddiqui on the reference for making unnecessary and unwarranted comments on July 21 at the Rawalpindi District Bar Association office about some important constitutional institution by accusing the establishment of manipulating the judicial proceedings.

The SJC took up the matter after considering that such comments prima facie had the tendency of undermining the respect otherwise due to such a constitutional institution.

Show-cause notice was issued to Justice Siddiqui for making unnecessary comments at Rawalpindi District Bar Association office on July 21

Justice Siddiqui is already facing a reference on alleged misconduct on the complaint by some retired employee of the Capital Development Authority (CDA) for alleged refurbishment of the official residence beyond entitlement.

Against that reference, the judge instituted a petition before the Supreme Court seeking an open trial of the reference, which is pending before the SJC and being heard in the open court.

Likewise, the SJC also issued a similar show-cause notice to Justice Siddiqui under Article 209 (5)(6) of the Constitution on a reference moved by Advocate Kulsum Khaliq on behalf of former MNA Jamshed Dasti. It was alleged in the reference that the high court judge during one of the hearings in a case against the 20-day Faizabad sit-in objected to a compromise between the federal government and the protesting party. The compromise was facilitated by the armed forces.

After scrutinising the reference by Mr Dasti, the SJC meeting held on Feb 6 opined that the judge was guilty of misconduct.

Earlier, Justice Siddiqui was asked to furnish his reply/explanation to the council’s secretariat on the third reference.

Subsequently, Justice Siddiqui furnished his reply before the council and argued that the SJC was not an appropriate forum to take up such a matter as facts needed to be investigated.

Justice Siddiqui explained that he had addressed the legal fraternity for the purpose of the independence of the judiciary and its precedent was set by former chief justice Iftikhar Muhammad Chaudhry.

But the council deliberated upon the speech made by Justice Siddiqui and his two replies in pursuance of the show-cause notice of July 31 and decided to proceed with the matter against him.

Published in Dawn, September 21st, 2018