Tag: Supreme Judicial Council

  • Former DG ISI Faiz Hameed denies meeting former judge Shaukat Aziz Siddiqui

    Former DG ISI Faiz Hameed denies meeting former judge Shaukat Aziz Siddiqui

    Lieutenant General (retd) Faiz Hameed, former director general of Inter-Services Intelligence (ISI), has firmly denied allegations of him meeting former Islamabad High Court judge Shaukat Aziz Siddiqui and manipulating the judicial proceedings related to the Panama Papers case, Geo has reported.

    General Hameed labeled the accusations as “absolutely false, frivolous, concocted, and based on an afterthought.”

    He emphasized that he neither contacted Judge Siddiqui nor engaged in any meetings with him, rejecting any involvement in discussions about the appeals filed by Pakistan Muslim League-Nawaz (PML-N) leader Nawaz Sharif in the court.

    IHC former chief justice Muhammad Anwar Khan Kasi also submitted his response to the Supreme Court rejecting Siddiqui’s allegations.

    In addition, Brigadier (retd) Irfan Ramay’s reply has also been submitted to the top court, in which he denies the allegations against him and meeting Siddiqui.

    Contrary to Faiz Hameed’s reply, Siddiqui claims he has concrete evidence of two meetings with Gen (retd) Faiz Hameed at his official residence in 2018.

    Talking to Geo News, Siddiqui says he not only has a list of witnesses but also material evidence to prove his allegation that the then-DG ISI visited him twice when he was a senior serving judge.

    Siddiqui says if required, he can furnish the evidence to the Supreme Court, which is presently hearing an appeal against his dismissal by the Supreme Judicial Council (SJC) in October 2018.

    Referring to the replies of Gen (retd) Faiz and others submitted to the Supreme Court in his case, he says the replies that deny his allegations prove the point that he was dismissed from service by the SJC without inquiring about the matter.

    Siddiqui says a day after his address to the Rawalpindi Bar Association on July 22, he had formally approached the then chief justice Saqib Nisar requesting him to constitute a commission to probe the authenticity and truthfulness of what he had alleged in the address.

    “If an independent commission holds that there’s no reality in the facts presented in the meeting of District Bar Association Rawalpindi, I am ready to face the consequences, but at the same time, I have a right to enquire that if my presented facts proved correct, what would be the fate of those persons, be they the serving army personnel who are involved in manipulating the judicial system,” reads his letter written to the then CJP.

    Siddiqui requested the issuance of directives for open proceedings of an independent commission, allowing media, civil society, and the legal fraternity to attend the inquiry into his allegations.

    Expressing his distress, Siddiqui stated, “It is a matter of concern that the independence of my institution has been compromised by the intervention of a few individuals of the prestigious institution of the Army and its allied agencies.”

    He noted that he had previously pointed out this intervention, leading to the initiation of a reference against him, along with another he deemed fabricated.

    Siddiqui’s troubles began after he addressed the District Bar Association on July 21, 2018, at the invitation of the executive body.

    During this address, he presented facts related to the Constitution’s applicability, the rule of law, the independence of the bar and bench, and the dispensation of justice.

    Following his revelations, Siddiqui claimed that a false and malicious campaign was launched against him on social and electronic media.

    The former judge expressed his disappointment, revealing that he learned of the Supreme Court’s instant annoyance through social media and the press release of the Supreme Court’s Public Relations Officer (PRO). Siddiqui noted that such outbursts of anger from the Supreme Court were not new and unusual in his experience.

    Despite Siddiqui’s request for an independent commission to probe the authenticity of his claims, none was constituted.

    Read more: Supreme Court issues notice to ex-DG ISI Faiz Hameed in Shaukat Aziz Siddiqui plea

  • Supreme Court issues notice to ex-DG ISI Faiz Hameed in Shaukat Aziz Siddiqui plea

    Supreme Court issues notice to ex-DG ISI Faiz Hameed in Shaukat Aziz Siddiqui plea

    The Supreme Court on Friday issued notices to former Inter-Services Intelligence (ISI) director-general Faiz Hameed and others on former Islamabad High Court (IHC) judge Shaukat Aziz Siddiqui’s petition challenging his removal.

    The notices were also issued to former IHC chief justice Anwar Khan Kasi, former registrar of the Supreme Court Arbab Muhammad Arif, and retired brigadier Irfan Ramay.

    A five-member bench led by CJP Qazi Faez Isa, comprising Justice Amin-ud-Din Khan, Justice Jamal Khan Mandokhail, Justice Hasan Azhar Rizvi, and Justice Irfan Saadat Khan, conducted proceedings on the plea.

    Today’s hearing was broadcast live on the apex court’s website as well as on its YouTube channel.

    Siddiqui nominated seven individuals in his amended plea, however, the court remarked that three others — former chief of army chief General (retd) Qamar Javed Bajwa, and two retired brigadiers- Faisal Marwat and Tahir Wafai — had no direct connection with the case.

    A day earlier, the top court ordered Siddiqui to nominate former spy chief Hameed, former army chief General (retd) Qamar Javed Bajwa, and others in the plea against his dismissal.

    Following the order, the former judge requested to make Bajwa and Hameed parties in the case related to his suspension along with IHC chief justice Anwar Khan Kasi, former registrar of the Supreme Court Arbab Muhammad Arif, retired brigadier Irfan Ramay, retired brigadier Faisal Marwat and retired brigadier Tahir Wafai.

    The case was fixed for hearing earlier this month after the judge filed a miscellaneous application with the Supreme Court to conduct an early hearing of his plea against the decision by the Supreme Judicial Council (SJC) on his dismissal.

    Lawyer Hamid Khan represented the former IHC judge in the case.

    The Case

    President Arif Alvi on October 11, 2018, removed Justice Shaukat Aziz Siddiqui as judge of the Islamabad High Court (IHC) on the recommendation of the Supreme Judicial Council (SCJ).

    The president took the decision under Article 209(5)on the SJC recommendation under Article 209(6) read with Article 48(1) of the Constitution, a notification issued by the Ministry of Law and Justice stated.

    The council unanimously opined that while delivering the speech before the District Bar Association in Rawalpindi on July 21, Justice Shaukat Aziz Siddiqui, an IHC judge, displayed conduct unbecoming of a high court judge.

    Judges on the panel included: Then Chief Justice of Pakistan Mian Saqib Nisar, Justice Asif Saeed Khosa, Justice Gulzar Ahmad, Lahore High Court’s Chief Justice Yawar Ali, and Chief Justice of the Sindh High Court Justice Ahmed Ali Sheikh.

    Justice Khosa said that the judge in question chose to address a meeting of the district bar association, Rawalpindi on July 21 at a time when many inquiries were pending against him before the SJC under Article 209.

    In his speech, Siddiqui accused the Inter-Services Intelligence (ISI) of manipulating judicial proceedings, especially in the Panamagate case.

    The ex-judge had submitted a plea against the Supreme Judicial Council’s (SJC) decision to dismiss him after a complaint was filed against him for inflammatory speeches.

  • Live proceedings of case against dismissal of ex-judge Shaukat Siddiqui

    Live proceedings of case against dismissal of ex-judge Shaukat Siddiqui

    The Supreme Court (SC) on Thursday resumed the hearing of a plea filed by former Islamabad High Court (IHC) judge Shaukat Aziz Siddiqui and ordered him to nominate former Inter-Services Intelligence (ISI) chief General Faiz Hamid and others in the plea against his dismissal.

    A five-member bench led by Chief Justice of Pakistan Qazi Faez Isa heard the case. The other members of the bench are Justice Aminuddin Khan, Justice Irfan Saadat Khan, Justice Jamal Khan Mandokhail, and Justice Syed Hasan Azhar Rizvi.

    The proceedings were broadcast live on the apex court’s website as well as on its YouTube channel.

    Lawyer Hamid Khan represented the former IHC judge in the case.

    Siddiqui has filed a miscellaneous application with the Supreme Court along with the case related to his dismissal from office. 

    The former judge has requested to make former army chief Gen (retd) Qamar Javed Bajwa and former ISI head Faiz Hameed parties in the case related to his suspension.

    The case was fixed for hearing earlier this month after the judge filed a miscellaneous application with the Supreme Court to conduct an early hearing of his plea against the decision by the Supreme Judicial Council (SJC) on his dismissal.

    Order

    The SC order, issued by the bench, mentioned that allegations were levelled against some personalities who were not present at the case’s hearing. It added that those accused in the case must be made parties.

    “How will he, who is not a party, present his position in front of the court?” the order read.

    The order also mentioned that the bench will not be available to hear the petition from Monday due to winter vacations.

    The case

    President Arif Alvi on October 11, 2018, removed Justice Shaukat Aziz Siddiqui as judge of the Islamabad High Court (IHC) on the recommendation of the Supreme Judicial Council (SCJ).

    The president took the decision under Article 209(5)on the SJC recommendation under Article 209(6) read with Article 48(1) of the Constitution, a notification issued by the Ministry of Law and Justice stated.

    The council unanimously opined that while delivering the speech before the District Bar Association in Rawalpindi on July 21, Justice Shaukat Aziz Siddiqui, an IHC judge, displayed conduct unbecoming of a high court judge.

    Judges on the panel included: Then Chief Justice of Pakistan Mian Saqib Nisar, Justice Asif Saeed Khosa, Justice Gulzar Ahmad, Lahore High Court’s Chief Justice Yawar Ali, and Chief Justice of the Sindh High Court Justice Ahmed Ali Sheikh.

    Justice Khosa said that the judge in question chose to address a meeting of the district bar association, Rawalpindi on July 21 at a time when many inquiries were pending against him before the SJC under Article 209.

    In his speech, Siddiqui accused the Inter-Services Intelligence (ISI) of manipulating judicial proceedings, especially in the Panamagate case.

    The ex-judge had submitted a plea against the Supreme Judicial Council’s (SJC) decision to dismiss him after a complaint was filed against him for inflammatory speeches.

  • Supreme Judicial Council issues show-cause notice to Mazahar Ali Akbar Naqvi

    Supreme Judicial Council issues show-cause notice to Mazahar Ali Akbar Naqvi

    The Supreme Judicial Council (SJC) has formally issued a show-cause notice to Justice Sayyed Mazahar Ali Akbar Naqvi of the Supreme Court to explain his stance in response to complaints against him, Geo News reported on Friday.  

    The notice was issued after a meeting of SJC, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, was held after a gap of three years. Justice Tariq Masood and Justice Ijaz Ul Ahsan of the Supreme Court (SC) are also part of SJC.

    In the show-cause notice, the judge has been asked to submit his response by November 10.

    Earlier, the CJP called a meeting of SJC to discuss the complaints against Justice Mazahar Ali Naqvi.

    Notably, this will mark the first SJC meeting under the leadership of CJP Isa, following a gap of over three years since the previous moot.

    However, the SJC has the authority to remove judges from power on different charges.

  • ‘Your talking to me has placed me in a most embarrassing position’, Former CJ Bandial slammed

    ‘Your talking to me has placed me in a most embarrassing position’, Former CJ Bandial slammed

    Former Chief Justice of Pakistan (CJP) Umar Ata Bandial, before his retirement earlier this month, had a telephonic conversation with Justice Sardar Tariq Masood to discuss a matter of complaints against fellow judges of the apex court, as per The News.

    As per the sources of Geo’s senior reporter Abdul Qayyum Siddiqui, Justice Masood received a phone call from CJ Bandial on the night of September 5, 2023. The two justices had a conversation, initially intended to discuss and resolve complaints against fellow judges of the Supreme Court, which took a bitter turn.

    Sources suggest that during the contentious telephonic conversation, former Chief Justice Bandial extended an offer to Justice Masood. Allegedly, he proposed that if a pending complaint against another judge were withdrawn, then the complaint against Justice Masood would also be resolved.

    Displeased by the call, Justice Masood wrote a letter to the former CJ on September 6, expressing his disapproval. Justice Masood was upset at how the former CJ had called him instead of forwarding the matter to the current members of the Supreme Judicial Council, including Justice Qazi Faez Isa, Justice Ijaz ul Ahsan, the chief justice of the Sindh High Court, and the chief justice of the Lahore High Court.

    The letter penned by Justice Masood — dated September 6 — reads as follows:

    Mr Justice Umar Ata Bandial, Honourable Chief Justice of Pakistan, Islamabad.

    “Dear Sir,

    Yesterday you spoke to me on the phone and informed me that a complaint against me was submitted by Mrs Amina Malik and you asked me what to do with it. Sir, with the greatest of respect I do not think it was appropriate for you to have talked to me about the said complaint. Sir, you’re talking to me has placed me in a most embarrassing position.

    Under the circumstances, it would be best if the said complaint is placed for consideration before the Supreme Judicial Council as I do not want an additional accusation of seeking favour to be leveled against me. I am confident that the Council will attend to it in accordance with the constitution and the law, and if the complaint is found to be false and intended to malign me then the Council will act pursuant to clause 14 of the Supreme Judicial Council (Procedure of Inquiry), 2005.

    Yours very sincerely,

    Justice Tariq Masood”

    Geo News attempted to contact the former chief justice to get his stance on this matter but, as of now, no response has been received.

  • Authority to remove NAB chairman taken back from SJC, given to president

    Authority to remove NAB chairman taken back from SJC, given to president

    The power to remove the National Accountability Bureau (NAB) chairman from office has been withdrawn from the Supreme Judicial Council (SJC) and given to the president, as per the National Accountability (Third Amendment) Ordinance, 2021, which has been approved by President Arif Alvi, reports Geo News.

    The NAB chairman’s tenure, as per the new ordinance, will be of four years. The criteria for the removal of a NAB chairman will be the same as the one for the removal of a Supreme Court judge, according to the new Ordinance.

    Pakistan Muslim League-Nawaz (PML-N) President Shehbaz Sharif criticised the new Ordinance and said that the government had spared no efforts to push the Opposition to the wall. He claimed that the government had introduced a new NAB ordinance to give itself National Reconciliation Ordinance (NRO).

  • Justice Qazi Faez Isa receiving death threats, wife tells police; CJP takes notice

    Justice Qazi Faez Isa receiving death threats, wife tells police; CJP takes notice

    The wife of Supreme Court’s (SC) Justice Qazi Faez Isa, Sarina Isa, has informed the police that her husband has received a death threat via a video, prompting Chief Justice of Pakistan (CJP) Gulzar Ahmed to take suo motu notice.

    In an application seeking the registration of an FIR [First Information Report] at Islamabad’s Secretariat Police Station, Sarina claimed that the person threatening Justice Isa said whoever was caught involved in embezzlement, whether it be Faez Isa or anyone else, should be executed through a firing squad.

    “Those who indulge in such activities must be hanged and the entire city should be invited to watch it,” the person in the video said, according to Justice Isa’s wife.

    Sarina said that many powerful people were not happy with her husband and she suspected the death threat was in continuation of what they have been facing.

    She said that a complaint against her husband was also submitted by a person named Abdul Waheed Dogar.

    “My husband asked who Abdul Waheed Dogar is but no one in the government disclosed that for whom Dogar worked,” she said, claiming that Special Assistant to the Prime Minister (SAPM) on Accountability Shahzad Akbar had met Dogar, urging the police officials to investigate the whereabouts of Dogar, who, according to her, was being used by “some very powerful people”.

    She urged the police officials to arrest those “powerful people” who wanted to get rid of Justice Isa, calling it the “worst kind of terrorism”.

    SUO MOTU NOTICE:

    Meanwhile, the top judge has taken suo motu notice of the video containing derogatory and scandalous remarks about members of the judiciary.

    According to a notification, a copy of which is available with The Current, the CJP will be taking up the case for hearing tomorrow at the SC.

    The CJP has taken notice of the viral video containing derogatory, contemptuous and scandalous language against the institution of judiciary and judges, read the notification, adding that the case will be heard by a bench of the apex court on June 26 (tomorrow).

    REFERENCE AGAINST JUSTICE ISA QUASHED:

    The threats come days after the top court on Friday quashed the presidential reference filed against Justice Isa as well as the Supreme Judicial Council (SJC) proceedings that were started on the basis of the reference.

    A 10-judge full court had issued the verdict after hearing for over six months multiple petitions filed against the reference that claimed that Justice Isa had committed misconduct by not disclosing his family members properties in the United Kingdom (UK) in his wealth statement.

    “Reference No 1 of 2019 is declared to be of no legal effect whatsoever and stands quashed, and in consequence, thereof the proceedings pending in the SJC against the petitioner [Justice Isa] including the show-cause notice dated 17.07.2019 issued to him stand abated,” said a short order.

    In the split verdict, announced by the presiding judge Umar Ata Bandial, seven out of the 10 judges referred the matter to the Federal Board of Revenue (FBR) for initiating tax proceedings against Justice Isa’s spouse and children for not disclosing their UK properties to the tax authorities while filing their returns.

  • Justice Qazi Faez Isa strikes back with ‘Imran, others’ properties in UK’

    Justice Qazi Faez Isa strikes back with ‘Imran, others’ properties in UK’

    Supreme Court’s (SC) Justice Qazi Faez Isa, who is facing a presidential reference for not disclosing his family’s assets, on Tuesday put the federal government in a tight spot before a full bench of the apex court by pointing out key leaders of the ruling party who also owned properties in the United Kingdom (UK), including Prime Minister (PM) Imran Khan and his special assistant on accountability, Shahzad Akbar.

    As a 10-judge full court, headed by Justice Umar Ata Bandial, continued hearing the petitions against the reference, Justice Isa in a written statement informed the bench that PM Imran owned six properties, Akbar (five), Special Assistant to the PM on Overseas Pakistanis Zulfiqar Bukhari (seven) and Special Assistant to Prime Minister (SAPM) on Youth Affairs Usman Dar have three to his name.

    Former federal information minister Firdous Ashiq Awan and Pakistan Tehreek-e-Insaf (PTI) stalwart Jahangir Tareen each owned a property there as well. In addition, the judge submitted before the court that former military ruler Gen (r) Pervez Musharraf owned two properties in the UK.

    Justice Isa submitted the statement in response to SAPM Akbar telling the court that he did not receive any salary or benefit as the head of the Asset Recovery Unit (ARU).

    “Taking a cue from what is stated to have transpired in the case of the petitioner’s family, the search engine 192.com was used to search a few known public figures,” the statement read.

    The judge clarified that he was “not saying or suggesting, let alone allege” that the people he had identified had illegally acquired any property in the UK in violation of the income tax, the foreign exchange and/or money laundering laws.

    “Before an allegation of non-compliance with income tax law is made, the Federal Board of Revenue must check its records [of these individuals] and consider how much taxable income was declared and income-tax paid and whether they had non-taxable income, such as from agricultural land, which the Constitution exempts from payment of income tax.”

    Justice Isa further stated that before making an allegation with regard to the illegal transfer of money abroad, the State Bank “must check to determine whether the said individuals had foreign exchange accounts and whether through these accounts money was remitted abroad, to exclude the possibility of it sent to the UK through Hawala, Hundi or by any other illegal means”.

  • ‘Alvi, Imran ready to face consequences if SC quashes reference against Justice Isa’

    ‘Alvi, Imran ready to face consequences if SC quashes reference against Justice Isa’

    The government’s counsel has told the Supreme Court (SC) that the President Arif Alvi and Prime Minister (PM) Imran Khan were ready to face the consequences if the presidential reference against SC’s Justice Qazi Faez Isa was quashed.

    Dr Farogh Naseem, former law minister and currently the government’s counsel in the case against Justice Isa, submitted before members of the 10-judge full court that it appeared as if the top government functionaries were on trial and not the judge who has yet to explain the source of income for his family members’ properties.

    “We are ready to face consequences,” said Dr Naseem, adding that the consequences would be across the board.

    Earlier, Justice Syed Mansoor Ali Shah had observed that the government is also accountable if the reference is not maintainable.

    “There should be consequences if the reference is quashed based on malice,” noted another judge, Justice Maqbool Baqar.

    Meanwhile, chief judge of the full court, Justice Umar Ata Bandial observed that no bar association has ever complained about Justice Isa being dishonest. None of the government’s allegations prove dishonesty of Justice Isa, he remarked.

    READ: Law minister resigns again; this time to represent govt in Faez Isa case

    The federal counsel maintained that a judge is the most powerful person in society, and therefore, he argued, we must have confidence that the judge is free of controversy. The independence of the judiciary comes through integrity, and there should be good public perception of the judge, added Dr Naseem.

    At this, Justice Shah inquired whether the counsel admits that this is a case pertaining to independence of the judiciary.

    Justice Shah further asked the federal counsel whether a husband could seek his wife’s tax records from the Federal Board of Revenue. To this, Dr Naseem replied that he would have to ask the relevant officials.

    Under which law can the Supreme Judicial Council (SJC) ask a judge to disclose details of his wife’s properties, inquired Justice Shah. He observed that the public perception of a judge can also be destroyed on social media.

    At this, Dr Naseem said that fake news could not destroy public perception but if a judge is unable to explain the source of his family members’ properties than it would influence his reputation before the public.

    Justice Bandial told the federal counsel that instead of relaying a violation of Section 116 of the Income Tax law his main focus is on the issuance of the show cause notice to Justice Isa by the SJC.

    READ: New top lawyer excuses himself from fighting Justice Faez Isa case for PTI govt

    With regards to the show cause notice, Justice Maqbool Baqar noted that if the basis of the reference was illegal then all of the proceedings would be quashed.

    Referring to various SC judgements, Dr Naseem said that the office of a judge came under the definition of public office and it is mandatory for a public servant that their family members’ lifestyle is not beyond the ostensible source of income. He maintained that his case was about the source of income.

    The bench asked Dr Naseem yet again as to why the government did not question Justice Isa’s wife about her source of income for the properties in question. If the wife purchased these properties through inherited income, would the judge be liable to reply, asked Justice Shah.

    In the same vein, Justice Yahya Afridi asked whether all judges should be asked about their family members’ tax concerns by the SJC or by tax authorities. To this Dr Naseem said that disciplinary proceedings against a judge could only be initiated by the SJC.