Islamabad HC Moves SC for Inquiry into Alleged Intelligence Agency Interference

The Islamabad High Court (IHC) has approached the Supreme Court, urging for an investigation into the allegations put forth by its judges regarding purported interference by intelligence agencies.

The Plea

The High Court has asked the Supreme Court to conduct a transparent inquiry into the letter controversy and to take action against those accused of undermining the integrity of the IHC judges. The plea emphasizes that the preservation of a free judiciary is paramount, as only through it can justice be rightfully served to the people. Any compromise on the independence of the judiciary is deemed unacceptable under any circumstances.

Chief Justice of Pakistan

On April 1, Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa took suo moto notice of the letter submitted by IHC judges, wherein they alleged interference by intelligence agencies in judicial affairs.

Notable judges of the IHC, 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, addressed the letter to the Supreme Judicial Council (SJC) following the Supreme Court’s ruling on March 22 regarding the dismissal case of Shaukat Aziz Siddiqui.

Letter

In their letter, the eminent judges sought guidance from the SJC concerning the responsibilities of a judge in reporting and responding to actions by members of the executive, including operatives of intelligence agencies, that are deemed as attempts to interfere with the discharge of official duties and may qualify as intimidation.

During the initial hearing on April 3, CJP Qazi Faez Isa hinted at convening a full court for the next hearing pertaining to the suo moto notice taken regarding the allegations made by IHC judges.

Step Aside

Recently, Justice Yahya Afridi, a member of the seven-member bench hearing the case regarding alleged interference by Pakistani intelligence agencies in judicial matters, recused himself from the suo moto case being considered by the Supreme Court. In explaining his decision to step aside, the judge asserted that the issues raised in the IHC judges’ letter should be examined in accordance with the code of conduct of the Supreme Judicial Council.

“High Courts are independent entities under the Constitution. Article 184/3 should not be invoked concerning the independence of high courts,” Justice Yahya remarked.

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