مضمون کا ماخذ : خلائی جنگیں
Justice Siddiqui raises objections to SJC’s jurisdiction
Islamabad High Court (IHC) Judge Shaukat Aziz Siddiqui has reportedly raised objection to the jurisdiction of the Supreme Judicial Council (SJC) examining his July 21 speech in which he accused the military establishment of manipulating the judicial proceedings. Sources say the judge has submitted 13-page preliminary reply to the third show-cause notice issued to him […]
Islamabad High Court (IHC) Judge Shaukat Aziz Siddiqui has reportedly raised objection to the jurisdiction of the Supreme Judicial Council (SJC) examining his July 21 speech in which he accused the military establishment of manipulating the judicial proceedings.
Sources say the judge has submitted 13-page preliminary reply to the third show-cause notice issued to him by the council on July 31 over his controversial speech at the Rawalpindi District Bar Association.
According to a source, the IHC judge in his reply says that the “SJC is not an appropriate forum to take up this matter as facts needs to be investigated”. “It is also said the address was made to legal fraternity for the purpose of independence of judiciary.”
The source say the IHC judge has requested withdrawal of the show-cause notice and seeks formation of a commission to probe into the matter.
“He contends that his speech is not misconduct until it is proved that he lied before bar.” Sources say that Justice Siddiqui has also sought two-week time to file detailed reply in this matter but the council has asked him to submit the same within a week. The council in its order has already said the reply will be examined on August 28.
Justice Siddiqui had also approached the Supreme Court against the SJC’s decision seeking records of expenses incurred on the maintenance of official residences of all superior court judges.
A constitution petition has been filed against the SJC’s July 30 order that dismissed his application requesting the SC to direct the Capital Development Authority (CDA) to provide him relevant record so that he might prepare his defence.
“If the petitioner gets access to certain record relating to the expenses incurred by some judges of the Lahore High Court, it would show that invariably large sums were spent on renovations of the official residences. It is thus only just and fair that the said record is requisitioned by this court,” says the petition filed by Siddiqui through his counsel Hamid Khan.
The petition says the SJC passed order in haste without application of mind based on the procedural impropriety against the principles of natural justice. The justice should not be done but must manifestly be seen to be done. It is most essential feature of fair and safe administration of justice that an accused is provided full and fair opportunity to prepare his defence and disapprove the case against him. It says in the absence of such record, which is any case an official record, the IHC judge will be denied the right to fair trial and due process. “This record can be summoned by the apex court and its relevance can be determined,” it adds.
Published in Daily Times, August 19th 2018.
