Unfettered courts

Chief Justice Qazi Faez Isa has said he has not received any note of grievance from any high court judge regarding any meddling by other institutions in the judicial process since he took charge as the chief justice. Speaking at the Sindh High Court Bar Association (SHCBA) on Thursday, CJP Isa said that if there has been any interference in their work, it has not been reported to him and all the incidents that were mentioned in the letter by the Islamabad High Court judges happened before his watch started. This is not to say, though, that the chief justice has condoned any interference. In fact, he has called such interference unacceptable. Last month, six judges of the IHC – 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 – had written a letter to the Supreme Judicial Council (SJC), seeking its guidance on “interference” by intelligence agencies in court affairs.

The IHC judges’ letter has rightly been taken seriously. However, this is not the first time that such interference has been reported. IHC judge, Justice (r) Shaukat Aziz Siddiqui was removed from his position for a speech he had made regarding this issue while addressing the Rawalpindi Bar Association on July 21, 2018. He had alleged interference in judicial matters and alleged efforts at manipulating the formation of high court benches. Subsequently, multiple references were filed against him and he was eventually dismissed from his post on October 11, 2018. In March this year, years later, the Supreme Court declared Justice Shaukat Aziz Siddiqui’s dismissal to have been "illegal". The recent letter by the IHC judges was written after the Justice Siddiqui verdict.

The SC initiated suo-motu proceedings on the IHC judges’ letter and sought a proposal from the Pakistan Bar Council (PBC), the Supreme Court Bar Association (SCBA), high courts and the federal government in this regard. Many have observed that there is obviously a great difference between the old judiciary and the new one. When Siddiqui talked about interference, he was ‘removed’ but when these six IHC judges wrote a letter, the current SC took suo-motu notice and has also sought proposals from the relevant forums. This is a refreshing change. Faith in the justice system will exist not only if the judiciary itself is above reproach but also if everyone believes that its verdicts are reached based on evidence and not through pressure from other institutions. Whether or not such accusations bear any truth, they end up casting greater doubt over the impartiality of the judiciary and the growing number of questions being asked about the intervention of powerful forces in the affairs of the country.

The IHC letter – like the points made by former judge Shaukat Siddiqui – raises broader questions about the state of democracy and governance in the country. A robust and independent judiciary is essential for holding the executive and legislative branches accountable and ensuring that the rights of all citizens are protected. The concerns raised by the judges must be taken seriously, and immediate steps should be taken to address them. This includes ensuring that judges are free from political pressure, threats, or interference and that they can perform their duties without fear of reprisal. Additionally, reforms should be initiated to strengthen the accountability and transparency of the judiciary, thereby enhancing public trust in the legal system.