ISLAMABAD: A petition filed by a sitting judge of the Islamabad High Court (IHC) seeking the constitution of a large bench in reference against him, was referred to the chief justice of Pakistan on Thursday.
The judge, Shaukat Aziz Siddiqui, in his petitions had sought an open trial in the professional misconduct case against him, currently heard by the Supreme Judicial Council (SJC).
A three-member bench comprising Justice Sheikh Azmat Saeed, Justice Qazi Faez Isa and Justice Sajjad Ali Shah had taken up the petition.
Earlier, a complaint was filed against the IHC judge by a retired official of the Capital Development Authority, who had raised an issue over the renovation of the judge’s official residence beyond entitlement. On February 15, the SJC had issued Justice Siddiqui a show-cause notice; on Oct 10 it had decided to record evidence against the judge in the first week of November.
In his petition before the apex court, Justice Siddiqui demanded a public enquiry in the case against him, saying that it was his fundamental right. He also pleaded the court to suspend the proceedings against him in the SJC until the said matter is decided.
On Thursday, Justice Saeed observed that the bench could not immediately direct the suspension of the proceedings of the council.
Upon which, Siddiqui’s counsel MS Khattak argued that the rules of the council violate the Constitution, adding that the Constitution does not allow the council to draft laws.
“The complete truth will come before the public if the trial is held in an open court,” he said. Alluding to an earlier enquiry against a judge over accusations of scolding a DSP, the counsel said following the resignation of the judge, the media alleged that corruption was the cause behind the judge’s resignations.
Justice Isa said the in-camera proceedings are for the protection of judge’s conduct, as he agreed with the counsel that half-truths were always destructive.
A similar request to order an open trial rather than conducting SJC proceedings in private was raised before the council on May 18, but was overturned.
The SJC, which tries sitting judges, has always held closed-door proceedings since its establishment in 1962.
The council was established under Article 209 of the Constitution to enquire into allegations leveled against judges over misconduct or an inability to perform their duties.
