Article 211 of Constitution: Ex-judge's counsel asked to satisfy court on 'hurdle'

ISLAMABAD: The Supreme Court on Thursday ordered former judge of the Islamabad High Court's (IHC's) counsel to satisfy on the "hurdle" in Article 211 of the Constitution.

A five-member larger bench, headed by Justice Umar Ata Bandial, heard ex-judge IHC Shaukat Aziz Siddiqui's constitutional petition regarding his removal.

Justice Bandial asked Hamid Khan, who is representing Shaukat Siddqui, that they would hear him, but first he would have to cross the bar of maintainability.

He said malice, corum non-judice and without jurisdiction, were the main grounds in the cases of ex-CJP Iftikhar Muhammad Chaudhry and Justice Qazi Faez Isa.

The bench noted that the petitioner had challenged the SJC's report and the president's order.

Justice Bandial said they had considered Article 211 in the case of Justice Qazi Faez, order of which had been passed but the judgment was still awaited.

The judge, while reading out the Article 211, said the proceedings before the Supreme Judicial Council (SJC), its report to the president, and the removal of a judge under clause (6) of Article 209 shall not be called in question in any court. "President of Pakistan on the recommendation of the SJC had ordered for removal," said Justice Bandial.

Justice Bandial remarked that the Constitution had not created an appeal against the decision of the SJC, adding the petitioner wanted the court amend Article 211.

He said like other countries including India, there was a parliamentary process for removal of a judge, but not in Pakistan.

Asking Hamid Khan to give arguments on Article 211, the bench adjourned the hearing for one month.

Justice Bandial said by that time the judgment in Justice Qazi Faez case would be announced.

Shaukat Siddiqui was removed by president of Pakistan, subsequent to a SJC's report.

He, in October last year, had filed a petition under Article 184(3) read with Articles 187 and 190 of Constitution praying that the SJC's report and notification be set aside and he might be restored as judge of the Islamabad High Court.

Copyright Business Recorder, 2020