SC adjourns hearing IHC judges’ letter case till May 7

Islamabad: The hearing on the petitions filed in the Supreme Court to investigate the allegations of interference in the judiciary by six judges of the Islamabad High Court (IHC) has been postponed till May 7.

During the hearing, Chief Justice of Pakistan (CJP) Qazi Faez Isa remarked that there is a lot of division in the country, people may not want the independence of the judiciary.

The bench headed by CJP Qazi Faez Isa includes Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mandukhel, Justice Athar Minullah, Justice Musarat Hilali and Justice Naeem Akhtar Afghan. Justice Yahya Afridi had resigned from joining the bench in a two-page note.

At the beginning, Qazi Faez Isa remarked that no one should cross talk in the courtroom, respect the dignity of the court, whoever has to talk in the court should leave the courtroom.

He said that he wanted to explain how the case was filed under Section 184(3). The committee had decided to form a bench of all the judges present, Justice Yahya Afridi excused himself from sitting in the case and also gave reasons. It was indicated to form a full court on the hearing but two judges were not present.

Justice Qazi stated that there is a lot of division in the country, people may not want the independence of the judiciary. The former chief also became the head of the commission, people also put pressure on him, I am not responsible for the past history of this court.

He added that after becoming the Chief Justice, I formed the full court, I am grateful to the Parliament which made the practice and procedure.

The Chief Justice spoke to Attorney General of Pakistan (AGP) Mansoor Usman Awan if he has seen the recommendations of the IHC. To which he replied that he has not seen the recommendations of the High Court yet.

Th Chief judge of Apex Court inquired how to proceed with this matter now. Justice Athar Minullah said that the Attorney General is not a recommendation or suggestion but a charge sheet.

Later, the Attorney General read out the recommendations of the High Court in the court.

Chief Justice Qazi Faez Isa remarked that we should not interfere in the work of the High Court.

Justice Athar Minullah said that the judges of the IHC are saying that the intervention is continuous, are the proposals of the IHC unanimous? The Attorney General replied that yes, there seems to be a consensus.

Athar Minullah spoke to the AGP Mansoor saying that this means that no judge disagreed.

Later, the Supreme Court ordered to make public the recommendations sent by the High Court.

The Chief Justice remarked that when everything is going on in the media, we also make it public.

The Attorney General told the Chief Justice that the High Court can absolutely take its own steps on this, to which Justice Mansoor Ali Shah said that Justice Ijaz Ishaq has also sent an additional note with suggestions.

Justice Athar stated should also read the additional note of Justice Ejaz, the Chief Justice inquired which are the points on which the High Court cannot process itself?

The Attorney General said that the High Court itself can take action on all points. Qazi inquired if the Supreme Court give instructions to the High Courts.

Justice Minullah remarked that we should appreciate the proposals sent by the High Court, if there is no response then the judges will not be fearless. We must look at the point raised by the High Court Judges. He directed Mansoor Awan to read Justice Ejaz's note.

The Chief Justice said that we should limit ourselves to the recommendations of the High Courts and not to what is sent by everyone.

Justice Athar Minullah said that the Attorney General should read it on record to appreciate the judges.

Later, Chief Justice Qazi Faez added said that since I became the Chief Justice, not a single case of interference has come to me, we will not allow any interference in the judiciary, what happened in the past, now we have to move forward. The Presidents of the Subordinate Judiciary Bars sit in the Chamber of Judges, is this not interference.

On this occasion, Justice Athar said that the personal information of a judge was leaked on social media, the issue of green card of a judge was raised.

On this, Justice Jamal Mandukhel remarked that leave the judges of the High Court, what about that is happening to us? Justice Athar Manullah said that in 2018, we were criticized but we never said anything about it. It is not right if the data of judges, which is with government agencies, NADRA and Immigration Department, is leaked.

Continuing his speech, Justice Athar stated that only the executive can asked the judge where his child studies.

Justice Jamal Khan Mandukhel told that two members of the bench were targeted, we took notice of what is happening to us. Not one, even if 10 of us give a verdict, what will happen. Justice Mansoor said that if this problem is not solved today, there will be a lot of damage.

Justice Musarat Hilali remarked that why the High Court does not do all these suggestions, why are they taking permission from the Supreme Court?

Justice Mansoor Ali Shah stated that whether the problems are internal or external today is an opportunity to solve them. The High Courts had all the powers, including contempt of court. A system has to be created and every court of the country has to be strengthened. The District Judiciary has shown a lot of courage while writing the proposals, these are the fruits of this case and this suo motu case.

While continuing his talk, he said, ‘What is happening? Hang up the phone and talk. What kind of culture is this? Someone is watching and noticing me. There is a device in this room. Why is this happening? Is it supposed to happen? Should there be such a culture in a democratic country’?

Justice Musarat added that the judge who cannot bear the pressure should leave the chair. ‘I have been the Chief Justice of IHC, there has never been any interference in my work or that of any other judge’.

Justice Mansoor Ali Shah said that during my tenure as Chief Justice of LHC there was never any interference.

Later, Justice Athar Minullah added that the intelligence agencies are under prime minister. If they do something, then the prime minister and his cabinet are responsible for it. Look at the constitution, nothing is independent. We also need to maintain the credibility of our armed forces. It is our armed forces and protectors of the country, it is our soldiers who defend the country.

It is pertinent to note that a petition filed by six members of the Pakistan Bar Council is related to joining as a party, demanding the formation of a commission of inquiry to investigate the allegations made in the letter of the High Court judges.

The Lahore High Court (LHC) Bar Association and Barrister Aitzaz Ahsan requested a judicial inquiry by the judges of the Supreme Court in the constitutional petitions. While the IHC Bar Association demanded an inquiry into the allegations, as did the Balochistan High Court (BHC) Bar Association and advocate Shahbaz Ali Khan Khosa.

In a petition, Barrister Aitzaz Ahsan, through his lawyer Khawaja Ahmed Hussain, appealed the Supreme Court to declare that the allegations of Justice (retd) Shaukat Aziz Siddiqui, apart from the judges of the IHC, are proof that the Inter-Services Intelligence (ISI) and its operatives have been involved in illegal attempts to influence the decisions of the IHC and District Judiciary in the federal capital. This is a development that needs a judicial investigation.

Justice (retd) Tasadduq Hussain Jillani had resigned from the chairmanship of the inquiry commission, after which the Supreme Court took suo motu notice.