Suo motu on the table as SC takes stock of ‘meddling’
• PM, law minister likely to meet CJP Isa today; AGP Awan terms letter ‘very alarming’
• PBC, SCBA throw weight behind IHC judges, vow to stand for judicial independence
• Petitioner wants cases moved from ‘paralysed’ IHC to other courts
ISLAMABAD: As a full court meeting convened to take stock of allegations levelled by the high court judges against intelligence agencies, a proposal to initiate suo motu proceedings to probe the accusations was also discussed in the two-hour-long sitting, which ended on Wednesday without reaching a final decision.
The startling letter by six Islamabad High Court judges to the Supreme Judicial Council (SJC) kick-started a flurry of activities.
Signed by Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, Arbab Muhammad Tahir and Saman Rafat Imtiaz of the IHC, the March 25 letter was addressed to the CJP and Justices Mansoor Ali Shah and Munib Akhtar, as well as chief justices of the IHC and Peshawar High Court.
It detailed incidents of alleged intimidation and coercion by the intelligence agencies and asked whether there existed a state police to “intimidate” and coerce judges.
Against the backdrop of these allegations, Prime Minister Shehbaz Sharif and Law Minister Azam Nazeer Tarar will likely call on the CJP today (Thursday) in his chambers. Syed Mansoor Ali Shah, the senior puisne judge, is also expected to attend.
The full court conclave concluded its deliberations minutes before iftar, but remained inconclusive. An informed source told Dawn that the sitting considered initiating suo motu proceedings under Article 184(3) of the Constitution in light of the letter, but no final decision was taken in this regard.
Meanwhile, Attorney General Mansoor Usman Awan also met the CJP on the issue and in an interaction with the media, a worried Awan described the situation as “very alarming”, which needed a thorough probe.
PBC meeting on April 5
Chairman Executive Committee of the Pakistan Bar Council (PBC) Farooq H. Naek, meanwhile, summoned a meeting of the executive committee on April 5 to discuss the situation after the judges’ letter.
PBC Vice Chairman Riazat Ali Sahar and Farooq Naek called for a thorough investigation by a proper committee, comprising at least three senior judges of the Supreme Court and constituted by CJP Isa, since the allegations of interference and intimidation were significant.
The statement emphasised the immediate necessity for the council, as the principal representative body of the legal fraternity, to address the concerning issues outlined in a letter directed to the Supreme Judicial Council.
The missive, submitted by high court judges, brings to light allegations of interference, and intimidation on the part of executives and intelligence agencies, said the statement, adding the concerns were indeed “grave and warrant immediate attention”.
However, the correct competent authority to address these concerns is not the SJC but the CJP because the SJC under Article 209 is the forum to address the complaints against the judges of superior courts, the statement said. The statement said the letter depicted a troubling narrative of attempts to undermine the autonomy of the judiciary and influence judicial proceedings for political ends.
Particularly concerning are the incidents recounted, such as the alleged coercion of judges by operatives of intelligence agencies, including instances of surveillance, abduction, and intimidation directed at judges and their families, it added.
These actions, if proven true, represent a direct assault on the rule of law and the principles of justice that form the bedrock of any democratic society, the statement said.
On the other hand, Supreme Court Bar Association (SCBA) President Shahzad Shaukat and Secretary Syed Ali Imran along with the 26th Executive Committee of the association, affirmed their commitment to the independence of the judiciary.
“Such issues should be addressed in a befitting manner and any apprehensions/misgivings which might be in the minds of the judges should be adequately addressed,” Shahzad Shaukat said in reference to the alleged harassment meted out to the judges and their families.
Expressing unwavering support for the judiciary as an institution and for the IHC judges, the statement said that the SCBA would not tolerate any incidents aimed at undermining the independence and functioning of judicial institutions.
Petition in SC
Soon after the letter came to the public domain, a lawyer from Lahore petitioned the Supreme Court for a high-powered inquiry commission to probe the allegations levelled by the IHC judges.
Moved by Advocate Mian Dawood, the petition also pleaded that strict action be taken or directed against those found guilty of the misconduct in the probe.
The petitioner also said the Supreme Court while exercising constitutional jurisdiction may transfer cases pending before the IHC to some other provincial high courts, claiming “the situation inside the high court has become paralysed”.
The letter also puts a question mark on all the decisions announced by the IHC judges in such circumstances, the plea said. “It is an admitted fact that no high court is administratively subordinate to the Supreme Court of Pakistan but IHC judges have written the letter to the Supreme Court judges and the Supreme Judicial Council which was not a complaint forum for the purpose of investigating the interference of ISI in the judicial proceedings.”
Published in Dawn, March 28th, 2024