ISLAMABAD: The Supreme Court’s registrar office has returned a petition of Justice Shaukat Aziz Siddiqui of the Islamabad High Court who had challenged the Supreme Judicial Council’s (SJC) order of rejecting his request for summoning details of expenditures incurred on official residences of all superior court judges.

Justice Siddiqui is facing a number of references before the SJC over misconduct, one of them for allegedly refurbishing his official residence beyond entitlement on a complaint of a retired employee of the Capital Development Authority.

The five-judge SJC headed by Chief Justice Mian Saqib Nisar had dismissed the request in an open court on July 30.

The judge had argued that the information was necessary in his defence.

The SC registrar, who is also the SJC secretary, had returned the petition on Aug 24 on the grounds that the judge approached the apex court directly instead of moving other forums.

Justice Siddiqui had pleaded in his petition that the SJC’s decision of rejecting his application was void, without jurisdiction and of no legal effect since it was taken in haste, without application of mind, based on the procedural impropriety and against the principles of natural justice.

Referring to the council’s decision of holding proceedings in the open court, the judge argued that the term “open justice” was of wide amplitude and included the right to a complete defence, but the July 30 rejection denied this basic right.

“It is a trite law, well recognised by the apex court that justice should not only be done but most manifestly be seen to be done,” the petition said, adding that it was the most essential feature of fair and safe administration of justice that an accused was provided full and fair opportunity to prepare his defence and disprove the case against him.

Published in Dawn, August 28th, 2018