The Supreme Court on Friday issued notices to four people, including former Inter-Services Intelligence (ISI) chief Faiz Hamid and former Islamabad High Court (IHC) chief justice Anwar Khan Kasi, in a case related to the removal of Shaukat Aziz Siddiqui as an IHC judge.
In proceedings broadcast live on the Supreme Court’s official YouTube page, a five-member bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa and comprising Justices Aminuddin Khan, Jamal Khan Mandokhail, Hasan Azhar Rizvi, and Irfan Saadat took up Siddiqui’s appeal against his removal.
Apart from Hamid and Kasi, notices were also issued to Brig. (retd.) Irfan Ramay and former SC registrar Arbab Muhammad Arif.
Following proceedings on Thursday, Siddiqui had nominated seven individuals in an amended plea. Of these, the court observed that three—former Army chief Qamar Javed Bajwa, retired brigadiers Faisal Marwat and Tahir Wafai—had no direct connection with the case.
Commencing Friday’s hearing, the CJP asked the petitioner to confirm the truth of his allegations. “Think carefully about whether your allegations are true,” he stressed, with Siddiqui’s counsel, Hamid Khan, affirming they were accurate. The CJP then noted some “facilitators” were declared respondents and questioned why direct beneficiaries weren’t included.
“Is the Army an independent institution or does it come under someone’s authority?” he questioned, with Khan saying it was under the government’s purview. To this, the CJP said the focus should be on the person in-charge rather than an entire institution. He also cautioned Siddiqui that his allegations could lead to significant consequences.
The CJP noted that if the case was proven correct, the maximum the government could do was give a pension to Siddiqui, adding he could not be reinstated as an IHC judge because he is now 62 years old.
Justice Mandokhail observed the court must address “what had happened in the past.” The CJP then noted that Siddiqui had primarily blamed Faiz Hamid, observing the-then Army chief had not had any direct interactions with Siddiqui. “Why should we issue a notice to him [Bajwa] on the basis of this hearsay?” he questioned, adding Ramay—accused of accompanying Hamid—was irrelevant to the case.
Justice Mandokhail then inquired whether the former IHC chief justice had constituted a bench per the directions of the former DG ISI. He also questioned whether appeals against Nawaz Sharif’s convictions—which Siddiqui had alleged were the crux of Hamid’s desires—had resolved. The counsel noted it had happened this year after hearing of pleas.
CJP Isa further noted that Siddiqui had described the 2017 dharna as “sponsored,” with Khan stating there was already a verdict on that matter. To this, the CJP said the court would focus on the petitioners’ plea, rather than the verdict.
Siddiqui’s counsel then asserted the former DG ISI had sought to prevent Nawaz Sharif from being granted bail before the 2018 polls, “and what he desired had happened.” The court then adjourned proceedings, stating the next hearing would take place after winter break in January.
Siddiqui was removed from his position in the IHC after giving a speech to the Rawalpindi Bar Association on July 21, 2018 in which he targeted intelligence agencies and accused them of interfering in judicial work. Subsequently, multiple references were filed against him, with the Supreme Judicial Council eventually dismissing him on Oct. 11, 2018.
The former judge then challenged his dismissal, with the case pending without hearing since June 13, 2022.