Six judges’ letter: Aitzaz, LHCBA urge apex court to hear the matter itself

ISLAMABAD: The Supreme Court (SC) has been urged to establish a three-member commission comprising SC sitting judges to determine which officers and operatives of the ISI or other persons, if any, are or were involved in interference in judicial work.

Senior lawyer Chaudhry Aitzaz Ahsan and the Lahore High Court Bar Association (LHCBA), on Tuesday, filed separate petitions urging the apex court to itself hear the IHC judges’ allegations of intelligence agencies’ influence on the judicial proceedings.

Ahsan maintained that the Supreme Court has the power to constitute a commission, and it has done so in the past. The power has been derived from Articles 187 and 190 of the Constitution. The commissions constituted by the apex court in the past include the Memogate Commission and the NLC containers case.

Last week, six judges of the IHC - Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, Arbab Muhammad Tahir, and Saman Rafat Imtiaz – wrote a letter to the Supreme Judicial Council (SJC), expressing their concerns about the “interference” of the intelligence agencies in the affairs of the court.

Ahsan’s petition requested the SC to declare that the IHC judges’ letter and the allegations by Justice Shaukat Aziz Siddiqui constitute evidence that the ISI and its operatives have been involved in unlawful attempts to influence judicial decision of the Islamabad High Court (IHC) and the district judiciary in Islamabad, which requires immediate further judicial inquiry and action.

The senior lawyer also prayed to the Court to declare any government servant, including any serving army officer or operative of the ISI, who seeks to influence judicial proceedings or judges shall be liable to forthwith be terminated from service without any retirement or other benefits being payable to such individual from the national exchequer. For those who have already retired, it specified the cessation of any retirement or associated benefits.

Ahsan pleaded to the federal government to ensure that the prime minister, the chief of army staff (COAS), and the director general of the ISI issue an immediate written directive to all personnel under their authority, instructing them to disregard any orders, whether verbal or written, that seek to interfere with ongoing judicial proceedings or influence judges.

Ahsan submitted that the IHC judges raise serious questions about the conduct of the intelligence operative and the executive. To protect and enforce access to justice and all related fundamental rights it is imperative that it is determined who is responsible and to take appropriate action against those government servants responsible.

The LHCBA also submitted a petition urging the apex court to commence an inquiry into the concerns raised in the letter penned by the six IHC judges.

The Lahore bar pleaded, “Direct holding of judicial inquiry by the judges of the Supreme Court of Pakistan into the allegations contained in the letter of six Hon’ble Judges of the Islamabad High Court.”

The bar petitioned to impose stringent penalties on individuals proven guilty of attempting to intimidate, influence, or interfere with the functioning of the judiciary in any capacity.

The petition referred to Article 209 of the Constitution, “vast and empowers SJC to provide protection to judges and to look into the complaints and make recommendation for proceedings including to the Supreme Court of Pakistan concerning the independence of the judiciary.”

“Lack of trust in public institutions engenders autocracy and threatens democracy,” the petition reads

Copyright Business Recorder, 2024