The Supreme Court overturned the dismissal of former Islamabad High Court judge, Shaukat Aziz Siddiqui, in a landmark decision. While he cannot be reinstated due to retirement age, the court acknowledged his right to retirement benefits.
The verdict, delivered by a five-judge bench led by Chief Justice Qazi Faez Isa, highlighted critical flaws in the removal process. The court argued that the Supreme Judicial Council (SJC) failed to provide Justice Siddiqui due process, specifically the right to defend himself against accusations.
Justice Siddiqui was removed in 2018 following a controversial speech criticizing the judiciary and alleging misconduct by military officials. The SJC recommended his removal based on these accusations, which Justice Siddiqui never had the opportunity to contest.
The Supreme Court found this approach problematic. The judgment stated, “Justice Siddiqui was not given an opportunity to establish the veracity of his allegations… He was punished for levelling them.”
The court emphasized the importance of due process, including the right to a fair trial, even for judges facing removal.
Key Points:
- Justice Siddiqui’s removal stemmed from a speech critical of the judiciary and military.
- The SJC’s recommendation for removal was based on uncontested accusations.
- The Supreme Court faulted the process, citing a lack of due process and opportunity to defend against allegations.
- While not reinstated, Justice Siddiqui is entitled to retirement benefits
