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October 14, 2018

Sacked judge to approach PBC for his law licence


October 14, 2018

ISLAMABAD: After the Supreme Judicial Council (IHC) removed Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC) from his office, he will not be entitled now to pension and other perks as a retired judge of the high court.

The former IHC judge however will now approach the Pakistan Bar Council (PBC) for the restoration of his law practicing licence.

"Inshallah will seek restoration of my licence," Siddiqui told The News.

The SJC is the only constitutional authority mandated by Article 209 of the Constitution of Pakistan to conduct inquiries into allegations of incapacity or misconduct against a judge of the Supreme Court or of a high court.

The council consists of the chief justice of Pakistan, the two next senior-most judges of the Supreme Court, and the two most senior chief justices of high courts.

"After removal from his office, judicial privilege like pension and other perks and privileges as a retired judge of the high court are no more available to Justice Siddiqui," said Barrister Ali Zafar, senior lawyer of the Supreme Court.

He said that once the Supreme Judicial Council recommends removal of a judge of a superior court and when he is impeached by the president, he losses all those judicial privilege that a retired judge can avail.

Barrister Ali Zafar who was the caretaker Minister for Law and Justice and former President Supreme Court Bar Association (SCBA) said that it is a legal practice that when a person is appointed as a judge of the higher judiciary, his law practicing license gets suspended.

He said that If Justice Siddiqui opts for revival of his law practicing lisence, he will be required to approach the PBC in this regard and the enrollment committee of the council headed by senior most judge of the Supreme Court and two members of the council decides either to approve or disapprove the restoration of licence.

The former law minister said that finally the long standing demand of the legal fraternity was accepted and the SJC became active. He expressed the hope that the council will also take up other complaints pending with it against the judges.

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