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Updated 02 May, 2019 08:35am

Probe sought under SC into former judge’s allegations

ISLAMABAD: The Isla­mabad Bar Association (IBA) has requested the Supreme Court to order an independent and transparent probe under a judge of the apex court into the allegations of former judge of the Islamabad High Court Shaukat Aziz Siddiqui.

A petition moved through Advocate Salahuddin Ahm­ed before the Sup­reme Court pleaded that any inquiry body should also include individuals of undoubted courage and integrity from the judiciary, bar, civil society and other appropriate bodies to probe the allegations levelled by Mr Siddiqui in his speech on July 21, 2018.

Mr Siddiqui was removed from the high judicial office on the recommendation of the Supreme Judicial Council under Article 209 of the Constitution for displaying a conduct unbecoming of a judge by delivering the speech at the District Bar Association, Rawalpindi, thus guilty of misconduct.

In the speech, the former judge had made remarks about the involvement of certain officers of the executive organ of the state, specifically the Inter-Services Intelligence, in the affairs of the judiciary and to allegedly manipulate the formation of benches of the high court.

A similar petition was earlier filed by the Karachi Bar Association in the Supreme Court, but was returned by the registrar office. Later in a chamber appeal, Justice Sheikh Azmat Saeed had asked the registrar office to point out objectionable paragraphs on the basis of which it had refused to entertain the petition.

The IBA petition also contended that if the allegations levelled by the former judge were found to be correct by the inquiry committee, the Supreme Court should order appropriate action against the persons concerned and make any further directives as may be necessary.

The petition also requested the apex court to set aside the Oct 11, 2018 SJC recommendation of removing the judge as well as the notification which was issued subsequent to the recommendation on the same date for his removal.

It requested the apex court to order structuring or regulating the discretion available to the chief justices of all superior courts in constituting or dissolving benches and assigning rosters and cases to different judges.

The petition contended that the apex court should also declare this discretion of the chief justices to be exercised in a meaningful consultation with the top four senior judges of the high court concerned.

Published in Dawn, May 2nd, 2019

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