A six-judge Supreme Court bench led by Chief Justice of Pakistan (CJP) Qazi Faez Isa on Tuesday resuming hearing of a case pertaining to allegations levelled by six Islamabad High Court (IHC) judges regarding interference by the intelligence agencies in judicial matters, says in media reports. The bench comprised of CJP Isa and Justices Justices Syed Mansoor Ali Shah, Jamal Khan Mando­khail, Athar Minallah, Musarrat Hilali and Naeem Akhtar Afghan. Justice Yahya Afridi, who was among the seven-member bench that had presided over the last hearing, had rescused himself from the suo motu case. During the last hearing, Justice Qazi Isa had asserted that “any attack” on the judiciary’s independence would not be tolerated while hinting at forming a full court to hear the case. The apex court has also taken up more than 10 petitions and applications seeking its intervention, which were filed by various bar associations and had been clubbed together. As the hearing started on Tuesday, CJP Isa clarified that the SC’s bench formation committee had decided that all available judges in Islamabad should immediately convene.

“There was no pick and choose; whoever was available was put together,” he observed, adding Justice Afridi had recused himself. Recalling that he had hinted at a full court hearing the matter, Justice Qazi Isa said that it could not be convened as two judges were unavailable. The CJP remarked there was so much polarisation in the country and that “people may not be so interested in the independence of the judiciary but in their own particular viewpoint to prevail”. The CJP maintained “If somebody can impose a will upon this court, that is also interference; interference can be from within, from without, from intelligence agencies, from your colleagues, from your family member, from social media, from everybody else.” The chief justice then asked AGP Mansoor Usman Awan if he had gone through the recommendations made by the IHC judges, to which the latter replied in the negative. Justice Isa then asked Awan about how to proceed with the matter. Here, Justice Minallah remarked: “These are not recommendations or suggestions but a charge-sheet.” After the AGP read aloud the proposals, Jusitce Isa observed, “We should not interfere in the high court’s work. The results of interference in high courts’ matters in the past have not been good.”

CJP Qazi Isa ordered making public the recommendations made by the Islamabad High Court (IHC) in the wake of the letter written by six of its judges to the Supreme Judicial Council (SJC) in which they had accused the country’s intelligence agencies of interfering in their work by intimidating and harassing them. The CJP said it categorically that the apex court would not interfere in the matters of the high court. “Sorry to say. But my opinion is that a judge who can’t bear ‘pressure’ must resign,” he remarked. The chief justice then asked AGP Awan if he had gone through the recommendations made by the IHC judges, to which the latter replied in the negative. Justice Isa then asked Awan about how to proceed with the matter. Here, Justice Minallah remarked: “These are not recommendations or suggestions but a charge sheet.” After the AGP read aloud the proposals, CJP Isa observed, “We should not interfere in the high court’s work. The results of interference in high courts’ matters in the past have not been good.” Justice Minallah noted that the IHC judges had alleged “continuous meddling” and asked if the recommendations made by them were unanimous.

Awan replied that it seemed so, at which the judge observed that no judge had disagreed. The SC then ordered that the proposals made by the IHC judges be made public. Justice Isa said, “When everything is airing on the media, then we may make this public as well.” When the chief justice asked if a high court was not empowered by the Constitution to implement the said suggestions, AGP Awan replied that it had the authority to take action on all the points. Upon Justice Shah pointing out that IHC’s Justice Ejaz Ishaq had also sent an additional note, Justice Minallah ordered the AGP to read it aloud. Here, CJP Isa wondered if the SC could order the high courts. Justice Minallah then said that the IHC’s proposals should be appreciated. “When there will be no answer, the judges will not be fearless,” he said, stressing that the apex court should review the matter. Justice Isa observed that the SC should limit itself to the high courts’ suggestions and not act on those made by every other person.

Credit: Independent News Pakistan