ISLAMABAD: The attorney general for Pakistan (AGP) denied the impression that the government or the intelligence agencies are meddling in the affairs of the judiciary.
In a rare appearance on media, AGP Mansoor Usman Awan disproved the allegations that the government or any state institution interfering in judicial matters.
Awan’s remarks came shortly after Justice Babar Sattar’s letter to the Islamabad High Court (IHC) Chief Justice Aamer Farooq was discussed in the media.
The sources said that Justice Babar’s letter mentioned; “In writ petition 2758/ 2023, the Court has put on notice the heads of intelligence and investigation agencies, including ISI, IB and FIA, apart from relevant ministries of the federal government and statutory regulators such as PTA and PEMRA.
“The question before the court is whether there exists a legal regime permitting surveillance of citizens. At some point during the hearing of the case, I was delivered messages on behalf of top officials in the security establishment asking me to “back-off” from extensive scrutiny of the existence and mode of surveillance.
“I paid no heed to such intimidatory tactics and did not find that such messages created a risk of substantial detriment to the administration of justice. The current malicious campaign’s focus on cases involving PTA appears to be an intimidatory tactic to influence court proceedings.”
The attorney general clarified that the office of the AGP and the AAG acts as a “bridge” to facilitate communication. “Neither the government nor any state institution can meddle in the affairs of the judiciary. I strongly deny any such impression.”
“According to my information, no officer of any security establishment has contacted or can contact (any member of the judiciary). And the contact that was made was done through the AGP’s office to ensure sensitive information was not made public.”
The attorney general stated that it is necessary to issue clarification as the matter of the IHC judges’ letter is being presented in a manner that implies a growing conflict between the executive and the judiciary. “It was requested to hear surveillance-related matters in-camera, to ensure the matter does not go into the public domain in order to protect the capabilities of our security and intelligence agencies,” the AGP maintained, adding that this was communicated to the relevant quarters.
In March, six judges of the IHC reached out to the Supreme Judicial Council (SJC) seeking clarity on the alleged intrusion of executive members, including intelligence operatives, in judicial matters.
Six judges of the IHC— Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, and Justice Saman Rafat Imtiaz— penned a letter to the SJC led by Chief Justice Qazi Faez Isa, expressing concerns about the “interference” of intelligence agencies in the affairs of the courts.
“We; therefore, request that a judicial convention be called to consider the matter of interference of intelligence operatives with judicial functions and/ or intimidation of judges in a manner that undermines the independence of the judiciary.”
In their letter, the judges emphasised the necessity of investigating whether there exists an ongoing policy within the executive branch aimed at interfering with judicial affairs.
The letter also called for a judicial convention to deliberate on the issue of intelligence operatives meddling with judicial functions and intimidating judges, thereby, undermining the judiciary’s independence.
Copyright Business Recorder, 2024
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