Siddiqui trying to reclaim position in judiciary which he maligned: SC

ISLAMABAD: The Supreme Court on Wednesday reiterated its determination to protect the rule of law and supremacy of the Constitution and observed that the sacked judge of the Islamabad High Court, Shaukat Aziz Siddiqui, was trying to reclaim his position in the judiciary against which he had leveled allegations.

A five-member larger bench, headed by Justice Umer Ata Bandial, heard a petition filed by Siddiqui challenging the notification of the president of Pakistan, terminating his service. Hamid Khan, counsel for Siddiqui, continued his arguments and submitted that the judge was not even provided an opportunity to make an appeal regarding the ‘injustice’ made to him.

Justice Umer Ata Bandial observed that the law for conduct of judges is different from other office-holders, adding that they have to follow the rule of law and supremacy of the Constitution.

On court directions, Hamid Khan read out the speech of his client he made while addressing the District Bar Association Rawalpindi, levelling allegations against the ISI and the judiciary. Justice Umer Ata Bandial observed that the petitioner judge had made a negative speech against the judiciary and now he is trying to reclaim his position in the said institution.

Nobody could be allowed to speak whatever he wants in the garb of right of freedom of speech, Justice Bandial remarked, adding that all judges are prisoners of their conscience. All judges are determined to provide justice on the basis of equality, Justice Bandial said. He observed that the judge sitting on his right side had dissented with his judgment but still he is his brother. “We render our work collectively for the dispensation of justice,” Justice Bandial remarked, adding that maybe the petitioner judge made the speech as an aggrieved person in view of the reference filed against him but the judiciary had fully protected his right.

Justice Bandial observed that they have to follow the Constitution and respect the rule of law and asked Hamid Khan that he will have to address Article 211 of the Constitution that clipped the jurisdiction of challenging the proceedings of the Supreme Judicial Council (SJC) in any court of law.

Justice Ijazul Ahsen, another member of the bench, asked Hamid Khan whether the proceedings of the SJC could be challenged. Hamid Khan replied that in the past, the apex court used to hear petitions filed against the proceedings of the Supreme Judicial Council. He recalled that in the previous cases of the Supreme Court, he had crossed the border of Article 211 of the Constitution.

“We have to read the whole Constitution and cannot confine ourselves only to Articles 209 and 211 of the Constitution. We have already crossed the bar of Article 211 and I am surprised why Article 211 is repeatedly surfacing,” Hamid Khan submitted with a smiling face.

Justice Bandial observed that the senior judges of the apex court recommend the removal of a judge for misconduct. “So first of all, you have to cross the bar of Article 211 of the Constitution,” Justice Bandial told Hamid Khan, adding that they have to move forward in accordance with the law and Constitution.

“If you want to change the law regarding judges, it is the job of the parliament and you may approach it but our job is to implement the law in letter and spirit. Our job is to interpret the Constitution not to amend it,” Justice Bandial remarked. “I have spent 16-17 years in the judiciary and still strive to protect the rights of people enshrined in the Constitution and always try to protect the rule of law and Constitution,” Justice Bandial remarked, adding that judges are acting according to their conscience.

Justice Bandial told Hamid Khan: “ISI officials visited your client’s house and he met them.” But if someone comes to your house, you have to open the door for him, Hamid Khan replied.

But if you don’t allow anyone, they cannot enter your house,” Justice Bandial replied. “Khan Sahib you have to answer this question as to why ISI officials visited your house thrice,” Justice Bandial asked Hamid Khan and rose without announcing adjournment of the hearing.