Probe body must comprise sitting judges: PBC

Updated 06 Apr, 2024

ISLAMABAD: The Pakistan Bar Council (PBC) demanded that a judicial commission, formed by the Supreme Court, comprising sitting judges probe the allegations of the Islamabad High Court (IHC) judges.

The PBC 242nd (emergent) meeting was held on Friday, in the Council’s Office, Supreme Court Building, Islamabad, which was presided over by PBC Vice-Chairman Riazat Ali Sahar.

The Council considered the letter dated 25-03-2024 of six judges of the IHC addressed to the chairman and members of the Supreme Judicial Council (SJC) in respect of interference of intelligence agencies in judicial affairs and to determine the course of action.

SC takes suo motu notice of IHC judges’ letter

It resolved that “an impartial investigation, devoid of any external interference, is crucial to reveal the truth for which formation of Judicial Commission by the Supreme Court of Pakistan comprising of sitting judges to settle issues raised by six judges is the need of the hour.” It was further resolved that the Supreme Court decide the suo motu (Case No01/2024) expeditiously.

The PBC resolution said the judges hold the highest esteem in our nation, carrying the significant responsibility of adjudicating cases and meticulously deliberating allegations before reaching verdicts. They epitomise the foundation of our legal system, embodying independence and impartiality, free from political or external pressures, to administer justice untainted by extraneous moral, internal or external influences.

The demand for the resignation of the chief justice of Pakistan and the chief justice of IHC and the campaign on social media against them is uncalled for as such as the said demand is tantamount to strengthening the hands of those people who want division in the judiciary of Pakistan, thus strongly condemned it. Calling for their resignation would not only undermine the judiciary but also fail to resolve the existing issues. Instead, it would worsen the situation, leaving the country without a guiding figure to navigate through these critical challenges.

When judges express concern through a written letter, it signifies a moment of great significance and concern to the independent working of the judicial system of Pakistan.

Thus, to safeguard the law, constitution, and fundamental rights of citizens of Pakistan as envisaged in the Constitution of Pakistan, a comprehensive investigation into these allegations is not only justified but necessary.

The fact that it is the judges themselves raising these concerns implies that they have been cornered by agencies, leading them to cry for assistance from the highest legal forum in the hierarchy of the judicial system of Pakistan.

Copyright Business Recorder, 2024

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