ISLAMABAD: The Supreme Court has been urged to constitute a high-powered inquiry commission to probe the allegations levelled by six judges of the Islamabad High Court (IHC).
Six judges of the IHC – Justice Mohsin Akhtar Kayani, Justice Tariq Mahmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, and Justice Saman Raffat Imtiaz, on Tuesday, wrote a letter to the Supreme Judicial Council (SJC) against the alleged “interference” and “intimidation” by the “operatives of intelligence agencies”.
Mian Dawood, on Wednesday, filed a petition under Article 184(3) of the Constitution and cited the Federation and the IHC’s six judges, who wrote a letter to the SJC, as respondents.
Dawood prayed that strict action be taken or directed against all those who would be found guilty of misconduct as a result of the probe.
The Supreme Court Bar Association (SCBA) took serious exception to the undue interference of agencies in the judicial functioning and personal lives of the IHC judges. The SCBA’s statement said it is not only condemnable but requires serious actions by the judiciary as an institution.
Executive Committee of the Pakistan Bar Council (PBC) Chairman Farooq H Naek has convened a meeting of the Council’s executive committee on April 5, 2024, to deliberate on the letter written by the IHC judges.
Dawood pointed out that the IHC judges in the letter have referred to only one case titled, Muhammad Sajjad vs. Imran Ahmed Khan Niazi. He stated that general allegations of interference of intelligence agencies in judicial functions have been levelled, adding such interference might definitely be true in view of the country’s judicial and political history.
Such general allegations in the letter have given an impression to the public at large that the ISI is allegedly controlling the whole judiciary; i.e., all high courts, district courts, and the Supreme Court, which practically cannot be possible. He said that the letter is seemed to be an attempt to shake public confidence in the judiciary and to weaken the independence of the judiciary. The also letter gives an impression that the Executive and ISI are interested in influencing the cases, particularly of Pakistan Tehreek-e-Insaf (PTI) and former prime minister Imran Khan. He stated that the letter of six judges cited only one example, but it is a matter of record that the same high court (IHC) had granted relief to the PTI and Imran Khan in many cases “sometimes through controversial verdicts”.
However, the letter of the six judges does not mention any specific case or cases, wherein, the interference by the Executive and intelligence was committed and what was the outcome of that specific cases or cases.
Dawood said that the PTI many times has shown no confidence in IHC Chief Justice Aamer Farooq, as well as, in Chief Justice of Pakistan Qazi Faez Isa and demanded their recusal from the cases related to PTI and Imran Khan. The letter now gives the impression of the same thoughts and lines as PTI was demanding and propagating against the judiciary, especially against Justice Aamer Farooq and Justice Qazi Faez.
The PTI leaders openly claimed that the letter of six IHC judges endorsed the stance of their party. The IHC judges’ letter has put the army and judiciary under public debate and public criticism. As both institutions are the backbone of Pakistan’s survival; therefore, it is high time to settle once and for all the issue of alleged interference of the Executive and intelligence agencies in the judicial proceedings and the truth behind such letters be made public. The letter to the Supreme Court judges and SJC is not a competent and proper forum for the purpose of investigating the interference of the ISI in the judicial proceedings.
Copyright Business Recorder, 2024
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