ISLAMABAD: A six-judge bench of the Supreme Court will hear suo moto on Islamabad High Court (IHC) judges’ letter regarding intelligence agencies’ interference in their judicial work on April 30.
The bench headed by Chief Justice Qazi Faez Isa, and comprising Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mandokhail, Justice Athar Minallah, Justice Musarrat Hilali, and Justice Naeem Akhtar Afghan will resume hearing on suo moto on Tuesday.
A seven-member bench on April 3 heard the suo moto. Its order stated that a suo motu notice was taken owing to the seriousness of the matter, while the meeting with the prime minister was also held considering the gravity of the issue.
The apex court called for proposals from the Pakistan Bar Council (PBC), Supreme Court Bar Association (SCBA), high courts and the federal government. The federation and the SCBA so far have not filed suggestions. The sources said that the federal government would not file any written proposals. SCBA President Shehzad Shaukat shared with Business Recorder that the Bar’s stance is the same which he had presented before the bench on April 3, that an inquiry commission should probe the IHC judges’ allegations.
Justice Yahya Afridi and Justice Athar Minallah who were part of seven-member bench wrote separate notes regarding the letter. Justice Yahya opposed taking suo moto and decided to recuse from the bench. In his note wrote; “One must also not ignore that the High Courts under the Constitution are independent establishments, envisaged to regulate not only their administrative functions, but also provide security to and safeguard judicial officers in their discharge of judicial functions.”
Justice Athar Minallah’s additional note termed the IHC judges “whistleblowers”. He insisted that the letter of the judges shows that they kept raising the issue at every relevant forum. But, the “institution” did not respond despite the seriousness of the matter.
PBC’s six members, Lahore High Court Bar Association, Islamabad High Court Bar Association, Balochistan High Court Bar Association, Aitzaz Ahsan, Mian Dawood, and Sardar Shahbaz Ali Khosa have filed the petitions under Article 184 (3) of the Constitution, impleading to become a party in the case. They have demanded a holding of judicial inquiry by the judges of the Supreme Court for probing allegations levelled in the IHC judges’ letter dated March 25.
The IHC’s six judges – 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 March 25 wrote a letter to the Supreme Judicial Council (SJC) against the alleged “interference” and “intimidation” by the “operatives of intelligence agencies.” In the letter, they had sought guidance on the interference of intelligence agencies in judicial functions.
In pursuant of the Supreme Court’s order dated 3rd April 2024, the LHC and IHC held Full Court meetings in their respective courts. The IHC judges have, unanimously, decided to give an institutional response in case of any such meddling into their judicial working in future.
Copyright Business Recorder, 2024
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