ISLAMABAD: Chief Justice of Pakistan Qazi Faez Isa reiterated that the interference of the executive, of any kind, in the affairs of the judicial working of judges will not be tolerated.
He was heading a seven-judge bench, which heard the suo moto, taken on the allegations of the Islamabad High Court (IHC) judges’ letter of “interference” and “intimidation” by the “operatives of intelligence agencies” in judicial functions.
The bench also comprised Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Jamal Khan Mandokhel, Justice Athar Minallah, Justice Musarrat Hilali, and Justice Naeem Akhtar Afghan. The proceedings were streamed live on the Supreme Court’s website.
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Justice Faez said today (Wednesday) a seven-member bench is hearing the matter as these judges were available in Islamabad, while some judges are in the Karachi Registry and Lahore Registry. The CJP hinted that after Eid they may constitute a Full Court for hearing the suo moto on a day-to-day basis.
The chief justice said they also have to see whether they could direct the High Courts as under Article 204 the High Court judges can also initiate the contempt proceeding against a person or authority if that hampers judicial working.
Upon that, Justice Mansoor said though the Supreme Court cannot direct the High Courts, but it can empower them. He said in the instant matter the IHC judges wrote to their chief justice, but when he took no action then they wrote a letter to the Supreme Judicial Council (SJC). He said the Court (SC) has to see if the High Court judges, or Session or Civil Court judges, complain to their respective High Court chief justice about the executive or agencies’ intervention and if he does nothing then what this Court can do?
Justice Mansoor further said certainly the Supreme Court will not interfere in High Court’s affairs, as it also has contempt power, but this Court can empower them (HC and subordinate courts’ judges). “We need to lay down guidelines on what they should do in case of executive intervention in judicial working.”
“There should be an institutional response, and that be a strict one, to plug this system. We need to close this (intervention) now and forever, and for everyone.” He said these things have been happening for a long time, we (SC) cannot act like an ostrich to bury our heads in the sand. He said; “The IHC judges’ letter is an eye opener, a wake-up call. We should ensure that these things do not happen in future.”
The bench directed the Attorney General for Pakistan (AGP), Mansoor Usman Awan, and the Supreme Court Bar Association president to make written submission in this regard on the next date.
Justice Athar observed that this Court granted bail in a case, but its order was frustrated. He asked the AGP did you (the executive) have decided to take the issue of intervention to its logical end, adding everyone knows what has been happening. He stated that prosecution is the executive function.
Justice Athar also said that political engineering has been going on in this country, and even the judges of the apex court are not safe. “A letter is written by the IHC judges, who have alleged serious issues; therefore, we have to take this seriously.” The state of deviance is not acceptable, Justice Athar warned.
Justice Naeem Akhtar said there should be no inconsistency between the words and deeds of the executive.
Justice Athar then said that in order to flout the court’s order the executive rely on the Maintenance of Public Order (MPO) to detain a person who is released by the courts.
Justice Jamal reminded that a reference was filed against the incumbent chief justice, and the former Prime Minister (Imran Khan) on media had accepted that it was his mistake to file a reference (against Justice Faez). He questioned whether anyone tried to probe on whose direction the reference was filed.
The AGP said the reference against Justice Faez was filed due to Faizabad dharna judgment. The chief justice said the country and all of us need to move forward. “We have started accountability of our own institution (SC), and now the other side (executive) should start accountability of it.” He said if there can be external attacks on the judiciary then there can be internal threats, as well.
SCBA President Shehzad Shaukat said the Association wanted an inquiry to be conducted in the IHC judges’ letter; therefore, they have supported the idea of constitution of an inquiry commission. The best course was adopted by the government, but it failed due to the trolling of former CJP Tassaduq Hussain Jillani on social media. He submitted that the inquiry report could provide the best basis for proceeding in this matter.
Justice Athar then questioned who is being accused in this matter. It is the executive that has been accused. He said this thing (intervention) has been going on for a long. He further questioned how the executive will investigate when it itself is the accused. People who have been indulged in interference in judicial work must be held accountable.
“There is a culture of deviation. Can we ignore the violation of Fundamental Rights? Let all of us face this reality and don’t close our eyes and pretend that nothing has happened,” Justice Athar further said.
The chief justice said that nothing has been brought to his knowledge or attention either by any of the IHC judges or the District Judiciary. He said: “If things have happened during the tenure of his predecessors then he should not be held responsible for that.”
Justice Jamal said why not this Court considers the IHC letter an opportunity to stop the executive and agencies from meddling in judicial affairs. He said unless the judiciary is independent nothing can happen; we cannot correct past mistakes, but can do something for the future.
At the onset of the proceedings, AGP Awan read out the press release issued by the Supreme Court after the meeting between the CJP and PM Shehbaz on March 28.
Justice Faez stated that he met with the IHC judges the day he received their letter. “If we had not given importance to this matter, then this meeting could have been held after Ramazan,” the CJP remarked.
The chief justice then observed that a full court acted as an “administrative body and does not play a judicial function”.
Referring to his and Justice Mansoor’s meeting with PM Shehbaz, Justice Faez said he met with the premier — who he said was the “state head as he received the most votes” from the National Assembly — as the “administrative head” of the SC. He added that the meeting was not a “chamber or at-house meeting” but an “official administrative” one.
At that, AGP Awan highlighted that inappropriate comments were made on social media about the inquiry commission, and former chief justice Tassaduq Hussain Jillani, who because of social media, recused.
The CJP then said, “If there is any kind of attack on the judiciary’s independence, I would be at the frontline (in defending the judiciary) and for sure, my fellow judges would be standing with me in this.
And we never accept interference. “If someone has another agenda to do so and so, then they may become the Supreme Court Bar president or the chief justice and enact his will. We will not tolerate pressure of this kind,” he added.
The case was adjourned until April 29.
Copyright Business Recorder, 2024
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