ISLAMABAD: The Supreme Judicial Council (SJC) will take up the reference against a judge of the Islamabad High Court (IHC), Justice Shaukat Aziz Siddiqui, today over the alleged spending of Rs12 million on the renovation of his official residence against the rules.
Justice Siddiqui is expected to appear himself along with counsel Hamid Khan before a five-member SJC led by Chief Justice of Pakistan (CJP) Mian Saqib Nisar. SJC will hear the complaint at 4pm.
It is for the first time that inquiry against any superior judiciary’s judge will be conducted in open court. The SJC’s rule says inquiry against a judge will be held in-camera.
In the complaint pending against the IHC judge since 2015, eight allegations have been levelled against him.
In February, the SJC served another show-cause notice on Justice Siddiqui for questioning the role of ‘a constitutional institution’ in the matter relating to the Tehreek-e-Labbaik Pakistan’s Faizabad sit-in last year. Later, the judge submitted a reply in this regard but the council rejected it.
The SJC on May 18, 2017, dismissed his plea seeking an open trial. Later, he challenged the council order in the apex court, which issued a 77-page verdict on May 10, 2018.
The apex court in its judgement observed that if there is a reasonable apprehension that the judge whose capacity or conduct is being inquired into or his lawyers are likely to indulge in scurrilous and scandalous allegations against the SJC or its members especially with the intention to publicise the same so as to hamper the SJC from fulfilling its obligations, the SJC can always direct that the proceedings before it be conducted in camera, even if such judge has waived his privilege of in camera proceedings.
“Such a course of action would be in accordance with the well-recognised and established exceptions to open justice. Such exceptions have been enumerated hereinabove.
“In-camera proceedings can also be resorted to despite the desire of a person whose conduct and capacity are being inquired into, if any of the aforesaid exceptions, in the information of the SJC exist,” it said.
The order said the obvious purpose of the in-camera proceeding is the protection of the rights and reputation of the person whose conduct and capacity are being inquired into and the protection of the institution of the judiciary, including members of the SJC.
Many observers believe that the recent harangue of Justice Siddiqui is a direct response to imminent hearing of the references. The outburst against the army is meant to make any verdict against him controversial in his bid to become a martyr for a greater cause.
from Pakistan Today
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