IHC Judges’ letter: Supreme Court begins hearing of suo motu case

ISLAMABAD: Supreme Court begins hearing of the suo motu taken by Chief Justice Qazi Faez Isa on the issue of a letter written by six judges of the Islamabad High Court (IHC) alleging meddling in courts’ judgements.

The letter in concern was signed by judges Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, Arbab Muhammad Tahir and Saman Rafat Imtiaz.

A seven-member bench, comprising Chief Justice of Pakistan (CJP) Qazi Faez Isa and justices Syed Mansoor Ali Shah, Yahya Afridi, Jamal Khan Mandokhail, Athar Minallah, Musarrat Hilali and Naeem Akhtar Afghan, presided over the hearing, which was telecast live.

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During the hearing, Chief Justice Qazi Faez Isa declared that the authority to fix cases now lies with a newly formed committee. Addressing the court, CJ Isa said, “Gone are the days when the Chief Justice had the authority to fix the case. Now the authority to fix cases is with the committee,” stated Chief Justice Isa, highlighting the institutional shift.

The Chief Justice further admonished lawyers advocating for automatic suo-motto, suggesting that they reconsider their stance or exit the legal profession altogether. “Lawyers who are saying that they should take notice automatically, they should leave the practice,” he asserted.

Underlining the independence of the judiciary, Chief Justice Qazi Faez Isa emphasised that decisions should not be made under external pressure.

The formation of the committee, according to Chief Justice Isa, is pursuant to the Practice and Procedure Act, which ensures a structured approach to case management.

“We have a zero-tolerance policy for the independence of the judiciary,” CJ Isa said. He also clarified the nature of interactions with governmental authorities, stating that administrative meetings with the prime minister, law minister, and attorney general were conducted openly and transparently.

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Amid concerns regarding potential interference in the judiciary, Chief Justice Qazi Faez Isa reaffirmed his resolve to resist any external pressures, asserting, “I will not tolerate any interference in the judiciary.”

CJ Isa said, During the tenure of former Chief Justice Umar Atta Bandial, a letter was sent exerting pressure on the judges. He said that back then, neither was he consulted for it nor any information on the response was disclosed. “When my secretary told me that judges from high court had come to see me, I promptly met with them”.

Additionally, he said that all individuals concerned would be required to appear for explanation if judges took notice of such matters.

Justice Mansoor Ali Shah remarked, “To ensure the independence of judiciary we have to make some code so that there is no interference”.

We have to consider this letter as an opportunity, nothing without independence of judiciary. Justice Jamal Mandokhel said.

The court adjourned the hearing after asking for applications of assistance from the advocates of the court.