A significant legal proceeding resumed today as a six-member bench reconvened to delve into a case concerning grave allegations brought forth by six esteemed judges from the Islamabad High Court (IHC). Under the leadership of Chief Justice Qazi Faez Isa, the bench comprises justices Shah, Jamal Khan Mandokhail, Athar Minallah, Musarrat Hilali, and Naeem Akhtar Afghan. The case revolves around disturbing reports of undue influence exerted by the nation’s security apparatus within the realm of judicial affairs.
The genesis of this legal saga traces back to late March when six judges from the IHC, a collective representing the majority of its eight-member strength, penned a striking letter addressed to members of the Supreme Judicial Council (SJC). In their communication, they detailed harrowing instances of attempted coercion, including the abduction and mistreatment of their kin, alongside clandestine surveillance operations conducted within their residences. The missive, endorsed by judges Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, Arbab Muhammad Tahir, and Saman Rafat Imtiaz, sent shockwaves across legal and governmental spheres.
In the wake of these revelations, calls for a comprehensive investigation resonated from various quarters, prompting Chief Justice Isa to convene a full-court meeting of Supreme Court judges. In collaboration with Prime Minister Shehbaz Sharif, a decision was made to establish an inquiry commission, subsequently greenlit by the federal cabinet. However, former Chief Justice Tassaduq Hussain Jillani, designated to lead the inquiry, recused himself, advocating for a resolution of the issues at an institutional level. Simultaneously, the Supreme Court, under Chief Justice Isa’s stewardship, took suo motu cognizance of the matter, underscoring its gravity and urgency.
During the ongoing hearing, Chief Justice Isa acknowledged the imperative of upholding the judiciary’s independence in the face of any form of interference, be it internal, external, or emanating from intelligence agencies. He stated the pivotal role of judicial autonomy in upholding the rule of law and ensuring justice. Attorney General Mansoor Usman Awan also appeared before the apex court, contributing to the deliberations on the proposals put forth by the IHC judges.
The discourse during the hearing delved into the intricacies of the allegations, with Justice Minallah stating the seriousness of the charges leveled by the IHC judges. The bench deliberated on the appropriate course of action, including the possibility of making the IHC judges’ recommendations public and the need to refrain from undue interference in the functioning of high courts.
The proceedings also shed light on the broader implications of the alleged interference, with Justice Shah advocating for empowering high courts and establishing robust mechanisms to safeguard judicial independence. The bench reflected on the challenges posed by intimidation and coercion directed at judges, highlighting the urgent need for systemic reforms to protect the judiciary from external pressures.
Amidst these deliberations, the contents of the letter by the IHC judges, dated March 25, were scrutinized, revealing a series of distressing incidents aimed at undermining judicial independence. The letter documented instances of intimidation, abduction, and surveillance, underscoring the pervasive nature of the challenges faced by the judiciary.
In response to these revelations, the bench called for a judicial convention to address the interference of intelligence officials and explore measures to fortify judicial independence.
The consultation aims to chart a path forward, equipping judges with the necessary tools to confront and mitigate threats to their autonomy.
The ongoing legal proceedings epitomize a critical juncture in the quest to safeguard judicial independence and uphold the rule of law, underscoring the judiciary’s pivotal role in preserving the fabric of democracy and justice.
