SC full court under CJP discusses IHC judges’ letter

ISLAMABAD: A full court meeting of the Supreme Court judges was held in the federal capital on Wednesday to deliberate on a letter written by six Islamabad High Court (IHC) judges about the alleged interference of intelligence agencies as well as executive in judicial matters.

The SC judges including Chief Justice of Pakistan (CJP) Qazi Faez Isa attended the proceedings that lasted for over two hours and discussed constitutional and legal aspects of the letter. Attorney General for Pakistan (AGP) Mansoor Usman Awan also met the CJP and discussed the matter. After the meeting, he told journalists that the matter was serious and should be probed.

Pakistan Bar Council (PBC) and bar associations of Sindh, Lahore, Islamabad, Balochistan and Khyber-Pakhtunkhwa high courts condemned the alleged interference, urging the top judge to conduct a complete investigation into the matter. They warned that interference in judicial affairs would not be tolerated at all.

The IHC judges who wrote the letter to the SJC on Tuesday include Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, and Justice Saman Rafat Imtiaz.

On Wednesday a petition was submitted in the SC, requesting the formation of an inquiry commission to probe the allegations levelled by the IHC judges. Mian Dawood Advocate filed the petition under Article 184(3) of the Constitution, making secretaries of ministries of defence, interior, law and justice as well as six IHC judges as respondents. The petitioner prayed to the apex court that besides constituting a high-powered inquiry commission, strict action should be taken or ordered against all those who would be found guilty of misconduct. He also contended that the IHC six judges letter seemed to be “a designed move” because as soon as the letter emerged on the national media, PTI leaders and workers launched a campaign on social media against IHC Chief Justice Aamir Farooq and Chief Justice of Pakistan Qazi Faez Isa and other judges.

The petitioner submitted that the letter gave the impression that a spy agency was controlling the entire judicial system of the country, which sought to undermine the independence of the judiciary and public confidence, citing only one case in the letter. He submitted that an impression was given through the letter that a spy agency and the executive were influencing the cases of Tehreek-e-Insaf, though the record proved that the IHC gave relief to the PTI many times.

The petitioner submitted that the allegations in the IHC judges letter had put the army and judiciary under public debate and public criticism, though both institutions were the backbone of Pakistan’s survival. Therefore, he submitted that it was high time to settle once and for all the issues of alleged interference of the executive and intelligence agencies in the judicial proceedings and the truth behind such letters should be made public to restore public confidence in the judiciary.

The PBC demanded the CJP constitute a committee comprising three senior judges of the SC to conduct a thorough inquiry into the allegations of interference and intimidation made by the IHC judges. In a statement issued here, Riazat Ali Sahar, Vice Chairman of Pakistan Bar Council, and Farooq H. Naek, Chairman of the Executive Committee of Pakistan Bar Council, said the allegations of interference and intimidation were significant and called for a thorough inquiry/investigation conducted by a proper committee, comprising at least three senior judges of the SC constituted by the CJP. They said the competent authority to address these concerns is not the Supreme Judicial Council (SJC) but rather the CJP because the SJC, under Article 209 of the Constitution, is the forum to address the complaints against judges of superior courts.

Meanwhile, Supreme Court Bar Association (SCBA) President Shahzad Shaukat and Secretary Ali Imran took an exception to the undue interference, as mentioned in the IHC judges letter.

In a statement, they said any actions that amount to interference in the judicial functioning and personal lives of judges of superior courts were not only condemnable but required serious action by the judiciary as an institution. “Such issues should be addressed in a befitting manner and any apprehensions/ misgivings which might be in the minds of judges, should be adequately addressed,” the SCBA president added.

Farooq H Naek convened a meeting of the Executive Committee of the Council on April 5, at the PBC office in Islamabad at 11am to consider the judges letter. The meeting would formulate a line of action as the chairman Executive Committee advised all members to attend.

The IHC Bar Association (IHCBA), in a statement, demanded the CJP hold a “transparent inquiry” into the matter and that legal action be taken against those involved. The association said its cabinet held an emergency meeting. The lawyers body “strongly condemned the interference of one institution into the matters of another institution”.

The Sindh High Court Bar Association (SCBA) meanwhile called for the establishment of an institutional mechanism to safeguard the independence of the judiciary, including measures to protect judges from threats and external influence and strengthen accountability mechanisms within the judiciary.

Adopting a resolution in an urgent meeting of the managing committee to discuss the allegations levelled by the IHC judges, the SHCBA resolved that the bar was committed to upholding and advocating the principles of independence of the judiciary, supremacy of the Constitution and rule of law in Pakistan.

The SHCBA resolved that the recent events highlighted serious concerns regarding interference by the executive branch and operatives of intelligence agencies in judicial functions, particularly influencing the outcome in politically motivated cases, compromising the reputation, performance, integrity and impartiality of judges and undermining the judicial process and legal system. The bar strongly condemned the use of such tactics and appreciated the judges of IHC for the strong stance taken by them in advocating for protection of the independence of judiciary which deserves commendation and support.

Also, the Lahore High Court Bar Association (LHCBA) demanded “immediate action against those intelligence agencies and personnel involved in such nefarious activities and [that] they be punished for undermining and subverting of the Constitution and the law”. It further demanded “immediate action by the SJC against those judges who cooperate with such intelligence agencies, thus playing havoc with the administration of justice”. Condemning the alleged interference in the “strongest terms”, the LHCBA said it was a “serious threat to the rule of law and independence of the judiciary”.

The Balochistan Bar Council also called on CJP Isa to take a suo motu notice of the allegations. In a press release, the council expressed its concerns over the matter and said the alleged interference in judicial matters was “condemnable and unacceptable in any circumstances”. The bar council also demanded that the Pakistan Bar Council convene a conference of lawyer representatives from across the country to decide on a plan of action.

The Khyber-Pakhtunkhwa Bar Council Wednesday asked the SC to take notice of the allegations by the six IHC judges about the alleged interference of spy agencies in judicial affairs. In a statement, KP Bar Council Vice-Chairman Sadiq Ali Mohmand and Chairman of Executive Committee Taimur Ali Shah expressed concern over the allegations about the alleged interference of spy agencies in judicial affairs.

They said that the allegations served as a question mark on the working of independent judiciary, adding the Supreme Court should take notice of this matter.

Pakistan Tehreek-e-Insaf (PTI) lawyers wing General Secretary Muazzam Butt also demanded a thorough probe into the case. Speaking at a press conference, he said that a lawyers convention should be convened to look into the issue and devise future strategy.

The Islamabad Bar Association also expressed concerns over the letter written to the SJC regarding interference in courts independence by six IHC judges. It said “it stands with the implementation of Constitution and law and independence of the judiciary”.

Former Islamabad High Court (IHC) judge Shaukat Aziz Siddiqui, speaking on the Geo News programme, said that the complaint filed by the judges was a vindication of his viewpoint, adding that when he had raised the matter in 2018, he was “[left] alone completely”. He said that after his comments against the agencies interference, the judges in the “burning issue” today had turned their backs on him. “When this matter concerned me, the Islamabad district bar association […] High Court Bar Association […] Islamabad Bar Council, no one raised their voice in my favour,” he said, adding that the letter today substantiated his claims. He said he favours an inquiry and would present himself accordingly for proceedings at any level, adding that he supports the demand of sitting IHC judges.

Separately, in a statement, the Human Rights Commission of Pakistan (HRCP) said it was deeply concerned by the allegations made by the six IHC judges, who claim that interference and intimidation by the state’s intelligence agencies had undermined the independence of judiciary. The judges apprehension that such interference constitutes “a continuing policy” on the part of the executive and that intelligence operatives had attempted to “engineer judicial outcomes in politically consequential matters” was cause for serious concern, it added.

“Equally troubling are revelations that judges relatives have been abducted and tortured, allegedly by intelligence personnel as a means of intimidation, and that judges have been subjected to illegal surveillance in their own homes,” the statement said.

Meanwhile, Prime Minister Shehbaz Sharif decided to meet Chief Justice of Pakistan Qazi Faez Isa today (Thursday) to discuss the judges letter. Sources told The News that the PM, along with Federal Minister for Law and Justice Azam Nazir Tarar and Attorney General for Pakistan Mansoor Usman Awan, would meet the CJP and senior puisne judges at 2pm in the Supreme Court. He would discuss in detail the situation arising from the letter.