Live updates: Supreme Court debates issue of ‘interference’ in judicial matters

ISLAMABAD: The Supreme Court resumed hearing the case of judges’ letter alleging interference today. Six Islamabad High Court (IHC) judges had written a letter to the Supreme Judicial Council (SJC) members, in March, regarding interference by non-court institutions in the judicial matters.

The six-member bench headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa is hearing the case. Other members of the bench include Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mando­khail, Justice Athar Minallah, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan. The case proceedings are being telecast live on the national TV channels.

No judge complained about interference during my term: CJP

The letter alleged attempts of pressurising judges through abduction and torture of their relatives as well as surveillance of their private lives. The letter was signed by Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir and Justice Saman Rafat Imtiaz.

In today’s hearing, Attorney General of Pakistan Mansoor Usman Awan appeared before the Supreme Court.

HEARING

At the beginning of the hearing, CJP Isa clarified that the SC’s bench formation committee has “decided that all available judges in Islamabad should immediately convene”.

He also announced that Justice Afridi had recused himself, adding that a full court could not be convened because two judges were unavailable. He also lamented the attacks against Justice Jillani.

The CJP noted that there was “so much polarisation in the country” and that “people may not be so interested in the independence of the judiciary but in their own particular viewpoint to prevail”.

“If somebody can impose a will upon this court, that is also interference; interference can be from within, from without, from intelligence agencies, from your colleagues, from your family member, from social media, from everybody else,” CJP Isa said.

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The chief justice then asked AGP Awan if he had gone through the recommendations made by the IHC judges. Upon AGP Awan’s response in “no” Justice Isa asked on how to proceed with the matter then.

Commenting on the suggestions submitted by the High Court judges, Justice Minallah said, “These are not recommendations or suggestions but a charge sheet.”

He added, “I worked as Chief Justice for four years in 2018, no one interfered. It seems that people try to intervene, sometimes they benefit, sometimes not”.

Justice Jamal Mandokhel added, “This is happening to those who spoke up,” adding, “What will happen to those who are listening to this case?”

“We have to solve this problem, otherwise there will be a lot of damage”, said Justice Mansoor Ali Shah, to which Justice Minallah responded, “It is clear that the state has to protect the judiciary”.

CJP Isa said, “If my work is interfered with and I cannot stop it, I will go home”.

Justice Minallah added, “Judiciary and establishment partnership has been going on for 76 years. We have to solve our internal problems. The culture of partnership between the judiciary and the establishment is still there”.

CJP responded, “There is no such culture here,” adding, “I have fought for the independence of the judiciary. The biggest threat to the judiciary was not from the outside, but from the Supreme Court. Do not include me in these 76 years”.

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“Judges of Lahore High Court said that interference in judiciary is an open secret”, said Justice Mansoor Ali Shah, adding, “Now the judges are looking towards the Supreme Court”.

“Interference can also be internal,” CJ Isa said.

CJ added, “There should be self-accountability in the judiciary”.

Justice Minallah concurred, “It may be our internal weakness which is a serious matter. Judges are afraid to report such incidents. The personal data of a High Court judge was leaked on social media. Everything, including the green card, was discussed in the Judicial Commission before the appointment of the old judge, the court. We have to fix the internal affairs”.

During the hearing, the suggestions of the High Court Judges were read out in the Supreme Court by the Attorney General. Islamabad High Court (IHC) Judges said that they appreciate Supreme Court’s measures regarding this hearing.

They also highlighted the need for the Executive and agencies to consider the separation of powers. Emphasising unity, they asserted that there is no division among judges, rejecting the impression portrayed on social media and media platforms. To dispel any such perception, the Code of Conduct for Judges of High Court and District Court requires amendment, one of the suggestions said.

They also advocated for a complete ban on meetings between members of agencies and judges, and urged the judges to promptly report any interference they face. Additionally, they proposed the establishment of a permanent cell in the Supreme and High Courts for judges’ complaints, with decisions to be issued promptly according to the law.

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Measures were suggested to identify and take action against those involved in phone tapping or video recording of judges or their families. Moreover, they recommended contempt of court action against agencies interfering in judicial affairs or attempting to blackmail judges.

CCTV recordings were suggested to be obtained in cases of interference, with judges of Lahore High Court (LHC) also expressing concerns over intervention. It was proposed that if Sessions Judges fail to conduct contempt proceedings themselves, it should be reported to the High Court for resolution.

The CJP suggested that suggestions should also be sought from the Pakistan Bar Council and Supreme Court Bar. He said that if any other party wishes to offer their opinions, they are welcome to do so as well. Expressing a desire to expedite proceedings, Chief Justice Isa said that there are such pressures everywhere else in the world as well. He also acknowledged the limitations, stating that judges cannot instantly ensure judicial independence.

CJP advocated against excessive Supreme Court interference in High Courts as well, echoing sentiments expressed by Justice Minallah.

Chief Justice Isa said that the suggestions presented are also relevant to the Supreme Judicial Council (SJC). He said that SJC is an independent entity capable of taking action against judicial officers including the Supreme Court justices. Chief Justice Isa said that the SJC comprises five members, not solely the chief justice himself.

The Supreme Court adjourned the hearing until May 7th.

HISTORY

A day after the letter, CJP Isa summoned a full court meeting of the SC judges amidst hue and cry calling for an investigation into the matter. Prime Minister Shehbaz Sharif and CJP Isa decided to form an inquiry commission, which the cabinet later ratified.

Ex-CJP Tassaduq Hussain Jillani who was tasked to head the one-man inquiry commission recused himself from the role. Around the same time, Supreme Court took suo motu notice of the matter.