ISLAMABAD – The senior puisne judge of the Islamabad High Court, JusticeShaukat Aziz Siddiqui, once again made headlines on Saturday by criticisingthe alleged meddling by Pakistan’s premier spy agency – the Inter ServicesIntelligence (ISI) – in judicial affairs.
Accusing the secret agency of ‘manipulating’ the judicial bodies and theconstitutional courts, the judge claimed that he was conveyed that allreferences against him would be removed if he accepted the terms.
“We are not independent and our institution is in the hands of thosecarrying guns,” he told a gathering of lawyers from Rawalpindi BarAssociation.
A corruption accused
Siddiqui’s remarks came just days before the Supreme Judicial is to holdopen trial of a corruption referencelinkagainsthim, making it a first such case in the history of Pakistan. The hearingwill take place on July 30.
Justice Siddiqui is facing a reference on misconduct moved on the complaintby a retired employee of the Capital Development Authority (CDA) foralleged refurbishment of official residence beyond entitlement.
On Feb 22, SJC had issued a show cause notice to Justice Siddiqui onanother reference against him for making unnecessary and unwarrantedcomments about some “important constitutional institution saying suchcomments prima facie had the tendency of undermining the respect otherwisesuch constitutional institution enjoys”.
Critic of armed forces’ alleged role in politics
Siddiqui, who took notice of last year’s violent Faizabad sit-in, has beenperforming his duties at Islamabad High Court for last six years. He wasposted as Additional Judge in Islamabad High Court on 21st November 2011 torepresent the Punjab province, and was later appointed as a permanent judge.
Justice Siddiqui also made headlines last year when he criticised the armedforces for their role as the “mediator” in the agreement that led to an endof the sit-in by religious groups at Islamabad’s Faizabad Interchange inNovember. “Who is the army to adopt a mediator’s role?” the judge hadquestioned at the time. “Where does the law assign this role to a majorgeneral?”
But the first time Siddiqui gained prominence was when he sentenced theofficers of Capital Development Authority (CDA) to fail for failing todemolish illegal Afghan settlements in the federal capital and for notenforcing judicial orders.
‘Foot soldier’ of Lawyers’ Movement
He is the same judge who, in 2013, ruled that Pervez Musharraf, the man whowas once Pakistan’s all-powerful military ruler, should be tried onterrorism charges for sacking top judges towards the end of his eight-yearrule in 2007.
In his judgment, Shaukat Aziz Siddiqui ruled that confining judges to housearrest was an “act of terrorism”. He said Musharraf had “spread fear in thesociety, insecurity among the judicial officers, alarm in the lawyers’community and terror throughout Pakistan”.
The ruling and subsequent arrest prompted the former army chief to fleefrom the court and take refuge in his home in Islamabad’s Chak Shahzad,before escaping to Dubai.
Siddiqui also actively took part in the Lawyers’ Movement for therestoration of superior judiciary, especially former Chief Justice ofPakistan (CJP) Iftikhar Muhammad Chaudhary, following the emergency imposedby the Gen (r) Musharraf in 2007. He was also arrested by Rawalpindi policefor staging a protest.
‘Supporter of Maulvi Abdul Aziz’
As an attorney in 2007, Justice Siddiqui represented and helped bail outMaulana Abdul Aziz who was charged in multiple cases in connection with theLal Masjid standoff.
‘Champion of anti-blasphemy laws’
Siddiqui, who is the senior most judge after Islamabad High Court’s chiefjustice, had also taken a notice of blasphemous content on the socialmedia, which was later removed on court order. Officials from Facebook alsovisited the country and assured such controversial content would not beuploaded on the social networking site in future.
He was also part of the two member bench which excluded anti-terrorismclauses from the case against Mumtaz Qadri, the killer of former Punjabgovernor Salman Taseer, but upheld his conviction under Section 302 of thePakistan Penal Code (PPC).
‘Upholder of peace’
It was Justice Siddiqui who had restricted all kinds of protests toDemocracy Park and Speech Corner (DPSC) at Parade Ground near Shakarparianlast year.
Justice Siddiqui on October 31, 2016, also stopped the PTI from lockingdown the federal capital and asked the party to hold its protest at theDPSC which the district administration and the CDA allocated for politicalgatherings in November 2015.
The detailed judgment said: “In future, all political and/or religiousprotests/rallies etc., in Islamabad should be confined to the DemocracyPark and Speech Corner without any discrimination, fear or favour.”
‘No Valentine’s Day celebrations’
Justice Siddiqui is also credited for banning celebrations of Valentine’sDay – an “un-Islamic event” – in the federal capital.
‘Once a candidate’
Mr. Siddqui has in the past contested the polls from Rawalpindi onJamaat-e-Islami ticket, which he lost.
The judge, who was born on 1st July, 1959, in Rawalpindi, has recentlydonated Rs1 million (the net salary for the month of June) to the SupremeCourt fund for Diamer-Bhasha and Mohmand dams.
In a letter addressed to the registrar of the apex court, Mr. Siddiqui saidthe receipt of the contribution might kindly be issued in the name of hislate parents Qazi Aziz-ur-Rehman and Mrs Ume Kalsoom.
Most of the family members of Mr. Siddiqui are involved in partingeducation in different institutions. His late father was known as a socialand political worker, who enjoyed the office of elected Chairman of LocalBodies.