SHAUKAT AZIZ SIDDIQUI vs FEDERATION OF PAKISTAN, SECRETARY MINISTRY OF LAW AND JUSTICE art

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SHAUKAT AZIZ SIDDIQUI VS FEDERATION OF PAKISTAN, SECRETARY MINISTRY OF LAW AND JUSTICE art. 209(8)---Code of Conduct for Judges of the Supreme Court and High Courts ("Code of Conduct")---If Judges are to be adjudged by unspecified, arbitrary and vague notions of what constitutes appropriate traits and patterns of behavior of a Judge and the Supreme Judicial Council ("SJC") is to consider whether an alleged conduct of a Judge is offensive to the qualities and behavior traditionally expected of a Judge it would place a Judge at the complete mercy of those who constitute the SJC---Constitution, stipulates that the SJC shall issue a code of conduct to be observed by Judges of the Supreme Court and the High Courts [article 209(8)]---Constitution has empowered the SJC to issue the code of conduct, however, once it issues it the SJC must only adjudge in accordance therewith---This is also concomitant in ensuring the independence of the Judiciary since judges must not be left vulnerable to the likes and dislikes of the members of the SJC or to the vicissitudes of governments or to that of complainants. Citation Name: 2024 PLD 746 SUPREME-COURTBookmark this Case SHAUKAT AZIZ SIDDIQUI VS FEDERATION OF PAKISTAN, SECRETARY MINISTRY OF LAW AND JUSTICE art. 211---Removal of a Judge by the Supreme Judicial Council---Bar of jurisdiction of Courts---Scope---Bar of jurisdiction contained in article 211 of the Constitution is not applicable in cases where the action taken against a Judge by the Supreme Judicial Council constitutes mala fide, or is coram non judice, or in respect of acts taken without jurisdiction. Citation Name: 2024 PLD 746 SUPREME-COURTBookmark this Case SHAUKAT AZIZ SIDDIQUI VS FEDERATION OF PAKISTAN, SECRETARY MINISTRY OF LAW AND JUSTICE arts. 4, 10a, 209(5)(b) & 209(6)---Code of Conduct for Judges of the Supreme Court and High Courts, arts. II, III, V & IX---Judge of the (Islamabad) High Court---Removal from service due to misconduct---Legality---Petitioner (Judge) was not given an opportunity to establish his allegations nor brought face to face with those he had accused---Supreme Judicial Council ("SJC") did not give any credence to petitioner's own words and to the contents of his replies; the SJC assumed that they were false; and having made this assumption concluded that petitioner was guilty of misconduct---Petitioner was deprived of his Fundamental Rights of fair trial and due process---Supreme Judicial Council had dispensed with the holding an inquiry but did not do so for any compelling or justifiable reason---Supreme Judicial Council did not specify which particular provision or aspect of the Code of Conduct for Judges of the Supreme Court and High Courts, the petitioner had violated---Report/Opinion of the SJC and the Notification by which the petitioner was removed from his office were set aside by the Supreme Court with the direction that the petitioner shall be deemed to have retired as a Judge of the (Islamabad) High Court. Citation Name: 2024 PLD 746 SUPREME-COURTBookmark this Case SHAUKAT AZIZ SIDDIQUI VS FEDERATION OF PAKISTAN, SECRETARY MINISTRY OF LAW AND JUSTICE art. 209(8)---Code of Conduct for Judges of the Supreme Court and High Courts ("Code of Conduct")---Code of Conduct issued by the Supreme Judicial Council does not prohibit a judge from addressing a bar association or even apublic gathering, neither does any law.

SHAUKAT AZIZ SIDDIQUI vs FEDERATION OF PAKISTAN, SECRETARY MINISTRY OF LAW AND JUSTICE art — 2024 PLD 746 SUPREME-COURT

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