ADDRESS

By
A. LATEEF AFRIDI,
Vice Chairman Pakistan Bar Council
Read in the Reference Held On 13.10.2011 on the Eve of Retirement of Justice M.A Shahid Siddiqui

My Lord the Chief Justice of Pakistan, Hon'ble Judges of the Supreme Court, President/ Vice President Supreme Court Bar Association, Mr. Attorney General, Vice Chairman Khyber Pakhtunkhwa Bar Council, Hon'ble Members of Pakistan Bar Council and Provincial Bar Councils, Hon'ble Members of the Bar, Ladies and Gentlemen.

Our today's assembly is for bidding farewell to Mr. Justice Mehmood Akhtar Shahid Siddiqui who on attaining the age of super innovation is retiring from the apex Court of the country.

Though at the cost of repetition, but I would like to inform you that Justice M. A. Shahid Siddiqui was born on 14th October, 1946 a son to late Alla-ud-Din Ahmad Siddiqui. He graduated from Punjab University and then passed his L.LB in 1967 from the University of Punjab and after enrollment he started practicing law in the District Courts. In 1970 Mr. Justice M.A Shahid Siddiqui was enrolled as an advocate of Lahore High Court and he worked at Bahawalpur Bench of the same Court. Because of his performance and legal acumen he was selected as an Additional District& Sessions Judge on 25.04.1982 and later on having worked with zeal, honesty and efficiency he was promoted as District & Sessions Judge on 31.05.1991. He worked in different stations / districts of Punjab and was appointed as Judge Accountability Court. Later on he was elevated to the Lahore High Court and was sworn in as Additional Judge of Lahore High Court on 21.09.2001 where he was confirmed and worked till the black day of 3rd November, 2007 when General Musharraf imposed emergency and sent thousands of lawyers to jails.

Mr. Justice M.A Shahid Siddiqui refused to take fresh oath and consequently he opted to resume his practice at Lahore. Because of his sacrifice, caliber and courage the Lahore High Court Bar elected him as president of Lahore High Court Bar Association and as such he joined the historic Lawyers Movement as one of the principal representative of lawyers. In the history of Pakistan many judges have retired or were ousted by military dictators, but very few have returned to social and active life. Mr. Justice M.A Shahid Siddiqui not only refused to take oath under Musharraf's 3rd November emergency orders, but stepped in to the lawyers movement as one of its leaders. Thanks God the movement succeeded and the judges specially of the Supreme Court and the High Courts generally returned to their chambers heroically. In the process Justice M.A Shahid Siddiqui was quite rightly chosen and was elevated to the Supreme Court in April 2009 where he contributed as much as possible.

He has written many judgments but his important and crucial role as a team member of Chief Justice Iftikhar Muhammad Choudhry at all occasions strengthened the Supreme Court, its independence and its vital role in important social, economic and legal issues.

We are conscious that all those Hon'ble Judges like Mr. M.A Shahid Siddiqui who during this crucial period worked in the Supreme Court have been preserved by history and more particularly in the history of judiciary of Pakistan. The Bar feels the difficulties, the Hon'ble Chief Justice of Pakistan is facing in filling the vacume created by the retirement of his team members.

My Lords allow me to describe now the other side of the picture as well. As I have stated at previous occasions Supreme Court of Pakistan alone seems functional and thus is the focal institution both within and outside Pakistan more-so for those who have serious unattended grievances from the concerned quarters but in the High Courts generally as we members of the Bars discuss and exchange views quality of judges after the lawyers movement has seriously deteriorated. Even quantity / number of judges could not be made up as required.

I do not know who is responsible for this deterioration, the bar, the bench or the newly introduced Judicial Commission, but the fact remains that both the quality and the quantity of High Court judges have suffered a set back. In the Sindh High Court there are only 16 judges as against 45. In Peshawar High Court the number is still 15 instead of 20 with four circuit benches (The Bannu circuit bench is scheduled to start working from 17.10.2011). In Lahore too there are complaints about the number as well as the quality of judges. Balochistan High Court is also no exception.

My Lords I am sure the bench as well as the bar are determined to improve and make their respective contributions. However the exclusiveness of the bench despite the newly introduced Judicial Commission remains a problem and the Bar is hardly taken into confidence is thus dissatisfied. The representatives of the Bar in the Judicial Commission also face difficulties in projecting their view point but I hope with the passage of time and the settlement of the institution of Judicial Commission openness, transparency, collective wisdom and merit will ultimately hold the field. But all of us must contribute to this objective. Favouritism & nepotism should not be allowed to prevail. Similarly it is time that as held by the Supreme Court, the senior most in the High Courts should be elevated to the Supreme Court and there should not be pick and choose.

My Lords before concluding I also would like to say a few words about the judicial policy. No cavil with the fact that judicial policy was the need of the hour as the legal and judicial system in a tribal and feudal society where rule of law is a fiction and hegemony of feudal and tribal lords prevail leaving no room for application of laws equally and thus depriving the weaker segments of society of equal treatment and protection before law. The difficulties with the new judicial policy are reflected in the fact that dispensation of justice has been substituted by disposal of cases. The subordinate judiciary already feeling deprived is pressed hard and thus it resort to new tactics for disposal of cases rather administering justice. The subordinate judiciary needs the attention both in respect of their financial position as well as promotions especially of those who enjoy integrity, efficiency, knowledge and commitment to norms of justice.

My Lord I would reiterate the support of legal fraternity for our apex judiciary and the positive role being played by it. While asking every other institution to remain within their constitutional limits prescribed by the constitution, we also feel justified to say that our judiciary must observe the constitutional limits so that judiciary is not pricked nationally and internationally and adventure and military dictators find no chance to derail the democratic order.

My Lords the new phenomena of extremism has caused a lot of loss and sufferings to the common man and the state institution like Army, Police and economic sector. But the alarming signs of dangers have been witnessed in certain members of the Bar as well as in some members of judiciary. Both the bar and bench should seriously join their heads to deliberate the problem of extremism and find solutions so as to save the constitutional fabrics in Pakistan and help the country to be saved and protected from isolation and the consequent socio-economic melt down. As enlightened and highly educated segment of society the bar and bench must save constitutionalism, rule of law and independence of judiciary from the menace of extremism.

My Lords, it is also generally believed that judges and generals never retire, though recently the Hon'ble Chief Justice declared a bar for the judges after retirement. We hope that the generals too are barred so that the space for younger and deserving elements remains open. We hope justice M.A Shahid Siddiqui resorts to reading and writing and after retirement continues his contribution to law, judiciary and society at large. We wish him a happy and healthy life after retirement with the best of luck for him and all his family members.

May Allah provide him all means for a happy and healthy life. Ameen.