IHC judges’ ‘unanimous view’ to check meddling conveyed to SC

According to the sources, there is nothing mentioned in the letter about the alleged incidents that the six judges had mentioned in their letter

By Ansar Abbasi
April 27, 2024
(Clockwise from top left) Islamabad High Court (IHC) judges Justice Mohsin Akhtar Kayani, Chief Justice Justice Aamer Farooq, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir, Justice Saman Rafat Imtiaz, Justice Tariq Mehmood Jahangiri and Justice Miangul Hassan Aurangzeb. — IHC website/File

ISLAMABAD: The unanimous view of the Islamabad High Court (IHC) judges to check alleged meddling of intelligence officials in judicial affairs was sent to the Registrar Supreme Court on Thursday.

Sources said it was suggested by the IHC judges that in case of any interference in judicial matters from any operative of any intelligence agency or institution, the administration committee of the IHC will decide whether to take up the matter with the agency/institution concerned or refer the case to judicial side under Article 204 for contempt of court proceedings. If the administration committee decides, both the options can also be availed.

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In case of any meddling into the judicial affairs, the judge concerned of IHC will report the matter in writing to the IHC CJ within seven days of the occurrence of such an incident. The district court judges of Islamabad will also report such matters within seven days to the inspection judges. However, in case a district court judge does not report the matter, he will be charged of misconduct and will face disciplinary proceedings. There is no such proposal for the IHC judges.

According to the sources, there is nothing mentioned in the letter about the alleged incidents that the six judges had mentioned in their letter, addressed to members of the Supreme Judicial Council. The letter was also made public. It is said that neither there is any proposal made to probe the alleged incidents as quoted by the IHC judges nor is any evidence shared with the SC with regard to the allegations made.

A full court meeting of the IHC met a few days back and decided to introduce measures to put an end to the alleged meddling of intelligence officials in judicial affairs. A statement issued by the registrar IHC, according to media reports, had said that the judges expressed their view on the matter in a “pleasant manner” and the “unanimous view” of the judges would be submitted to the Supreme Court in the suo motu case.

According to a story reported in Dawn, all the high court judges were unanimous that they would not tolerate interference by any intelligence agency in the proceedings of the high court, district courts and special courts. The full court, it was reported, had also decided to reactivate its inspection teams and empower inspection judges to enable them to tackle the complaints of judicial officers of subordinate judiciary against any interference and pressure. The judges also decided to give an institutional response against any interference.

The Supreme Court, during the hearing of a suo motu case on the judges’ letter, had sought proposals from the bar associations and high courts to counter meddling in judicial affairs.

On Thursday, the Chief Justice of Pakistan Qazi Faez Isa said that no incident of interference in judicial matter had occurred since he took charge of the top court. The CJP explained that the recent complaints by the IHC judges referred to events that transpired before he was sworn in as the CJP.

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