Removal from service case: IHC ex-judge impleads Gen Bajwa, Gen Faiz in petition

ISLAMABAD: The sacked Islamabad High Court (IHC) judge, Shaukat Aziz Siddiqui, Thursday impleaded as respondents former army chief General (retd) Qamar Javed Bajwa, former ISI DG Lt Gen (retd) Faiz Hameed and others in his petition challenging his removal from service.

On the Supreme Court direction, Siddiqui filed an application with the apex court under Order XXXIII Rule 6 of the Supreme Court Rules 1980, read with Order 1 Rule 10 CPC, for impleading as respondents. He prayed the apex court that General (retd) Qamar Javed Bajwa, Lt Gen (retd) Faiz Hameed, Brig (retd) Irfan Ramay, Brig (retd) Faisal Marwat, Brig (retd) Tahir Wafai, former chief justice of Islamabad High Court Muhammad Anwar Kasi and former registrar of the Supreme Court/secretary Supreme Judicial Council Arbab Muhammad Arif be arrayed as respondents.

Earlier, a five-member larger bench of the apex court, headed by Chief Justice of Pakistan Qazi Faez Isa, while hearing Siddiqui’s petition, directed his counsel Hamid Khan to implead the former generals as respondents against whom his client had made allegations in his petition, challenging his removal from service.

The other members of the bench included Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhel, Justice Hassan Azhar Rizvi and Justice Irfan Saadat Khan.

The court directed the counsel to nominate those in his petition by today (Friday). Siddiqui had challenged the decision of the Supreme Judicial Council (SJC), recommending his removal from his post as well as notification of the government issued on October 11, 2018, terminating his service. The SJC had recommended Siddiqui’s removal for levelling serious allegations against the state institutions, including the judiciary and premier state intelligence agency, during a speech at the District Bar Association, Rawalpindi, made on July 21, 2017.

Meanwhile, President Arif Alvi, on October 11, 2018, terminated Justice Shaukat Siddiqui after the Supreme Judicial Council (SJC) found him guilty of misconduct. The case of the sacked judge had been pending with the apex court since 2018, and the last hearing was conducted on June 13, 2022 by a five-member larger bench headed by Chief Justice Umer Ata Bandial and comprising Justice Ijazul Ahsen, Justice Mazhar Alam Khan Miankhel, Justice Sardar Tariq Masood and Justice Sajjad Ali Shah. Recently, he filed an application with the apex court for an early hearing of his petition and later on the case was fixed for hearing on December 14.

The proceedings of the larger bench in the instant petition were broadcast live on the apex court’s website as well as on its YouTube channel. Senior lawyer Hamid Khan, counsel for Shaukat Siddiqui, appeared before the court, while his client was sitting in the first row of lawyers in Courtroom No 1.

The court, after hearing Hamid Khan, noted down in its order that the petitioner had approached this court under Article 184(3) of the Constitution against his removal as a judge. The court noted that the matter was earlier heard by a bench adding that three members of that bench had retired, while the remaining two suggested that a new bench should be constituted for hearing the instant petition.

The court noted in its order that a new bench was constituted and Hamid Khan, counsel for the petitioner, was heard. The court noted that allegations were levelled against persons who had not been arrayed as respondents in the petition. The court further noted that the persons against whom allegations had been made should be arrayed as respondents so that they may put forward their versions. The counsel then said that he would make these persons as respondents. The court further noted down in its order saying the bench will not be available to hear the petition from Monday due to the winter vacation.

Earlier, when the bench resumed the hearing in the instant case, Hamid Khan gave a background of the case. He informed the court that earlier former chief justice Umar Ata Bandial was also a part of the bench along with Justice Sardar Tariq and Justice Ijazul Ahsan. Justice Isa said three judges on the previous bench, hearing the case had retired, while the remaining two judges — Justice Sardar Tariq Masood and Justice Ijazul Ahsen — had suggested the constitution of a new bench. The court then asked as to who was representing the Federation, as it had objected to the petition’s maintainability. At this, an additional attorney general told the court that the petition was not maintainable.

On the court query, Hamid Khan explained the background of the case regarding the order of the Supreme Judicial Council as well as the show cause notice issued to the petitioner. He also read out the speech of his client addressed to the District Bar Rawalpindi and gave the details of earlier references filed against his client. The first one was about expenditure on the renovation of his residence, the second was related to his client’s observation about the Faizabad sit-in and the third one was by the Supreme Judicial Council (SJC) on the note of the former registrar Supreme Court whereby he was removed from service.

The chief justice asked Hamid Khan whether the speech of his client was oral or written to which he replied that it was oral. The chief justice observed that one speaks with caution while saying something written. Hamid Khan told the court that had mentioned in the miscellaneous application that Faiz Hamid and an ISI brigadier had visited his client’s residence. At this, the chief justice interrupted and asked the counsel if he was levelling allegations against someone, then he should at least array them in his petition as respondents. “If your case relates to allegations against individuals, then you should make them as respondents so that we also hear them,” the CJP told Khan. “Institutions do not speak, only the persons sitting in the institutions speak,” the CJP added.

Hamid Khan, however, submitted that when they replied to the show cause notice, they demanded that the Supreme Judicial Council should hold an open trial. The Chief Justice, however, observed that the individuals might reject his allegations. “We can’t proceed until and unless we hear those individuals against whom you have made allegations,” the CJP told Khan. “Suppose tomorrow, if we give a decision and if they said that they were not heard, then what will happen,” the CJP asked Hamid Khan

The chief justice observed that the said persons might appear and accept the accusation or present their position on the matter. “Individuals should be called out for their actions instead of institutions,” the CJP remarked adding that it was a disaster in our country when we don’t call people bad but defame the institutions. The CJP continued that the institutions were run by people and there were good and bad people in every institution.

Justice Jamal Khan Mandokhel asked Hamid Khan whether the persons, accused by his client, ever responded to him on any forum. The judge further asked whether the Supreme Judicial Council had taken notice of it. Hamid Khan replied that his client was not given a chance to present his stance in the past.

At this, the chief justice told Khan that now he had the opportunity to do so adding that this was not the Supreme Judicial Council but the Supreme Court. Regarding the petitioner’s demand for open proceedings in the SJC, the chief justice observed that as per the SJC Rules of Inquiry, the proceedings were in camera. “Personally, I am against in-camera proceedings, and in my opinion every action should be open,” the CJP remarked.

During the hearing, Salahuddin, counsel for the Islamabad Bar Association, told the court that he had arrayed former chief justice Islamabad High Court Anwar Kasi as respondent in the petition. Later, the court adjourned the hearing until Friday (today) at 10:30am.

Meanwhile, the Islamabad Bar Association also filed an application with the apex court requesting for impleading Qamar Javed Bajwa, Faiz Hameed, Irfan Ramay, Faisal Marwat, and Tahir Wafai as respondents in its petitions. It had also filed a petition with the apex against the removal of Shaukat Siddiqui praying for conducting an independent inquiry headed by a judge of the Supreme Court into the allegations leveled by Shaukat Siddiqui in his speech.

In a similar development, the Karachi Bar Association also filed an application with the Supreme Court praying for impleading General (retd) Qamar Javed Bajwa, former DG ISI Lt Gen (retd) Faiz Hameed, Brig (retd) Irfan Ramay, Brig (retd) Faisal Marwat, and Brig (retd) Tahir Wafai as respondents in its petition.

The Karachi Bar Association had also filed a petition with the Supreme Court against the report of the Supreme Judicial Council concerning Shaukat Aziz Siddiqui. It prayed the apex court to conduct an independent inquiry headed by a judge of the Supreme Court into the allegations levelled by Shaukat Siddiqui in his speech.