Siddiqui in October last had filed a petition under Article 184(3) read with Articles 187 and 190 of the Constitution, praying that Supreme Judicial Council (SJC) report and his termination notification be set aside and he may be restored as judge of the Islamabad High Court.
Siddiqui contended that he had been deprived of his constitutional and legal rights including protection under Articles 4, 10A and 25 of Constitution due to the report of SJC and the notification.
He submitted that the report of Supreme Judicial Council is not a judicial decision and it has the nature of an advice. The President (the Cabinet) has to apply mind and make a decision. However, in the instant case admittedly no cabinet meeting was held wherein the report of SJC was considered.
He stated that on one hand the SJC observes that it is only examining the propriety of making of speech but on the other, it goes on to discuss each and every allegation and then gives its findings on merit and chose to examine the merits of the allegations in their entirety and gave its findings thereon in the absence of evidence or an opportunity of fair trial and due process to the petitioner. The whole exercise was thus made with an 'unholy' haste.
Shaukat Aziz Siddiqui alleged that he had allegedly propagated a report against armed forces and judiciary in his speech before the Rawalpindi Bar Association on 23-07-2018. It is submitted that the speech cannot be made the basis for removal of a judge.