ISLAMABAD – The Supreme Judicial Council (SJC) has issued a show causenotice to Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC)for making “unwarranted comments about some important constitutionalinstitutions” while passing an interim order in the Faizabad sit-in case.
“You knowing and purposely while adjudicating upon Writ Petition No. 3914of 2017 made unnecessary and unwarranted comments about some importantconstitutional institutions,” says the notice issued under an order passedby the SJC.
The SJC has required submission of Justice Siddiqui’s response within 14days, so that it is placed before the Council to proceed further on March7, 2018, sources informed The News on Friday.
In an obvious reference to the remarks of Justice Siddiqui concerning therole of certain senior officers of the armed forces in negotiating an endto the Faizabad dharna by Tehreek-e-Labbaik in November 2017, it isobserved in the show cause notice: “Such comments had prima facie travelledbeyond the scope of lis under consideration and had seemingly tendency toundermine the respect otherwise due to such constitutional institutions.”
“Such comments also included observations which questioned the manner inwhich an administrative issue was resolved and also questionedparticipation of some officials in resolution of such issue whichapparently fell outside the judicial domain. This act on your part amountsto misconduct as envisaged in provisions of Article II of the Code ofConduct prescribed by the Supreme Judicial Council,” says the notice.
The notice refers to information received through complaints filed byKulsum Khaliq Advocate and Jamshed Ahmed Dasti, an independently electedmember of the National Assembly, and notes: “After scrutinising the saidinformation, the Council is of the opinion that you may have been guilty ofmisconduct…, and accordingly, the Council has decided to enquire into thematter and to issue the instant show cause notice.”
Recitals of the show cause notice refer to the duties of a judge of thehigh court and the code of conduct stipulated by the SJC, including theduty to keep “conduct in all things, official and private, free fromimpropriety”.
Justice Siddiqui is already facing a reference before the SJC for allegedmisconduct dating back more than 18 months. Justice Siddiqui deniesimpropriety in the pending reference and has sought that it be heard inopen court as an exception to the general rule requiring that proceedingsagainst judges of the higher courts be held in-camera.
The SJC is the only constitutional authority mandated by Article 209 of theConstitution of Pakistan to conduct inquiries into allegations ofincapacity or misconduct against a judge of the Supreme Court or of a highcourt.
The Council consists of the Chief Justice of Pakistan, the two nextsenior-most judges of the Supreme Court and the two most senior chiefjustices of high courts. The SJC is currently hearing references againsttwo sitting judges of IHC, and a judge each of Lahore and Sindh high courts.
The Council had recently discharged a show cause notice issued to JusticeMazahir Ali Naqvi of the Lahore High Court.