ISLAMABAD(WNAM Monitoring): In an unprecedented move, six judges of the Islamabad High Court (IHC) have reached out to the Supreme Judicial Council (SJC) seeking clarity on the alleged intrusion of executive members, including intelligence operatives, in the 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—have 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.”
The open letter, a copy which has been sent to all SC judges, notes that such a convention might provide further information as to whether judges of other high courts have had experiences similar.
“Such institutional consultation might then assist the Supreme Court to consider how best to protect independence of the judiciary, put in place a mechanism to affix liability for those who undermine such independence and clarify for the benefit of individual judges the course of action they must take when they find themselves at the receiving end of interference and/or intimidation by members of the executive.”
The move comes just days after the recent ruling by the apex court, which deemed the removal of former IHC Justice Shaukat Aziz Siddiqui as illegal, decreeing his status as that of a retired judge.
The verdict highlighted the SJC’s approach towards Justice Siddiqui’s case, indicating that the council had proceeded under the assumption that the veracity of the allegations raised by the former judge was irrelevant.
Furthermore, it pointed out that Justice Siddiqui had purportedly failed to substantiate or independently corroborate the allegations.
In their letter to the SJC, the IHC judges underscored the absence of clear guidelines within the council’s prescribed code of conduct for judges regarding the appropriate response to incidents that encroach upon judicial independence.
Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, IHC Chief Justice Aamer Farooq, and Peshawar High Court Chief Justice Muhammad Ibrahim Khan are members of the council.
