IHC judges’ letter: SC resumes suo motu hearing on interference allegations

ISLAMABAD:  A six-member Supreme Court (SC) bench has resumed hearing a case pertaining to allegations made by six Islamabad High Court (IHC) judges regarding interference by the country’s security apparatus in judicial matters.

Headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, the bench includes justices Athar Minallah, Mansoor Ali Shah, Jamal Khan Mando­khail, Musarrat Hilali and Naeem Akhtar Afghan. The proceedings are being streamed live on the SC’s website and its YouTube channel.

Attorney General for Pakistan (AGP) Mansoor Awan appeared before the court. Meawhile, Riazat Ali appeared as the Pakistan Bar Council’s (PBC’s) lawyer while Khawaja Ahmed Husain was present on behalf of Aitzaz Ahsan.

At the outset of the hearing, AGP Awan apprised the court that written order of the last hearing is not yet received.

The AGP said that the order must be shown to the prime minister to file government’s reply. He added that the government would be able to file its response by tomorrow if they receive the order today. 

The Supreme Court Bar Association also submitted suggestions to the top court, saying that it would never compromise on the independence of the judiciary. 

The SCBA called for an inquiry against those who intervene in the judicial matters. It said that the IHC has the power of contempt of court and it should have taken contempt of court action for any kind of interference.

The CJP then asked the AGP to read the written order. 

Islamabad High Court Bar Association’s lawyers then came to the rostrum to present his arguments.

Lahore, Balochistan High Court Bar and Balochistan Bar Council lawyer’s Hamid Khan also appeared in court.

The CJP said that it was surprising that none of the lawyers were on the same page for the independence of the judiciary. 

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PBC’s lawyer then began his arguments by reading the letter in the court. 

He said that the judges have sought guidance from the Supreme Judicial Council. The PBC representative said that the judges have made very serious allegations.

Justice Minallah said that the note says the government should satisfy the court and not interfere in judicial matters. 

PBC lawyer said that the body should form a judicial commission comprising Supreme Court judges. He added that all the allegations should be probed.

He further said that the top court, under Article 184/3 of the Constitution, cannot investigate itself. 

Justice Minallah said everyone was agreeing that there is interference in judicial matters. 

At this, Justice Mandokhail said that there is interference but the government is not doing anything about it. 

CJP Isa then said that Supreme Judicial Council is a separate body and the Supreme Court cannot give directions to it. “I am the chairman of the Supreme Judicial Council but I am not the SJC itself. There are other members in the body,” he said. 

Justice Minallah remarked that this is not a letter but it reflects a trend, adding that the AGP said this happened in 2018 as well. 

In late March, six IHC judges, out of a total strength of eight, wrote a startling letter to the Supreme Judicial Council (SJC) members, regarding attempts to pressure judges through the abduction and torture of their relatives as well as secret surveillance inside their homes. The letter was signed by judges Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, Arbab Muhammad Tahir and Saman Rafat Imtiaz.