ISLAMABAD: The Islamabad High Court Bar Association has approached the Supreme Court regarding alleged interference by administration and intelligence agencies in judicial affairs, as reported by six judges of the Islamabad High Court.
The IHCBA filed a petition through Advocate Syed Ahmed Hassan Shah under Article 184(3) of the Constitution, naming the Federation of Pakistan as the respondent. It prayed the apex court to pass orders for a probe to ascertain the matters highlighted in, and arising out of the letter dated March 25, 2024, written by six judges of the Islamabad High Court in such manner as the apex court deems fit, and upon completion of such a probe, pass appropriate orders to affix liability for those who undermined the independence of the judiciary by resorting to all manner of interference in the judicial work of the judges concerned.
It further prayed that if the matter is related to the Supreme Judicial Council, then the Supreme Court should send recommendations to the Supreme Judicial Council for due consideration. The IHCBA submitted that the letter of Islamabad High Court judges raises grave issues which, if not comprehensively addressed by the apex court, will erode confidence in the judicial system of the country. Therefore, in the exercise of its original jurisdiction under Article 184(3) of the Constitution, this court may intervene to secure the independence of the judiciary, among others.
The IHCBA urged that there is no room for any kind of interference (overt or covert) in the discharge of judicial functions by any court of law by any external element, including but not limited to the executive branch of the state or by any or all of its instrumentalities and/or agencies. “Intimidation or harassment of a judge of a high court, a judge of the court subordinate to it, or those discharging quasi-judicial functions and responsibilities at a tribunal established by law is not fair game,” the IHCBA contended, adding that it is an affront to constitutionalism and a brazen attack on the independence of the judiciary.