The Islamabad High Court on Thursday has moved the Supreme Court of Pakistan for probe into the allegations made by the IHC judges’s of alleged interference by intelligence agencies.
The High Court urged the Supreme Court for a transparent investigation into the letter fiasco and asked them to take actions against those who degraded the Islamabad High Court judges.
The plea stated that, “only a free judiciary can provide justice to people, hereby compromising on the freedom of judiciary is not acceptable at any cost.”
April 1, the Chief Justice of Pakistan Justice Qazi Faez Isa took suo moto notice of IHC judges’ letter in which they alleged interference by intelligence agencies in judicial matters.
BENCH
IHC top judges, including Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Baqir Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, and Justice Salman Rafat Imtiaz, wrote the letter to Supreme Judicial Council in the aftermath of Supreme Court’s March 22 judgment on Shaukat Aziz Siddiqui’s dismissal case.
In the letter, the top judges sought guidance from the SJC with regard to the duty of a “judge to report and respond to actions on part of members of the executive, including operatives of intelligence agencies, that seek to interfere with discharge of his/her official functions and qualify as intimidation.”
In the initial hearing on April 3, CJP CJP Qazi Faez Isa hinted at the formation of a full court on the next hearing of suo motu notice taken on the IHC judges’ allegations.
HISTORY OF CASE
Prior week, Justice Yahya Afridi, one of the judges from the 7 member bench hearing the case on the alleged interference of Pakistan intelligence agencies in judicial affairs, recused himself from the suo motu case taken up by the Supreme Court.
Citing his reason for the recusal, the judge maintained that the matters raised in the IHC judges’ letter should be viewed in accordance with the Supreme Judicial Council’s code of conduct.
Justice Yahya stated, “High Courts are independent courts under the Constitution. Article 184/3 should not be invoked on independence of high courts.”
