IHC letter

The explosive letter by the judges of the Islamabad High Court will not just go away on its own. Nor should it. This is a moment – to ensure the independence of the judiciary once and for all. By way of background, here’s a reminder of exactly what has transpired. Six judges of the IHC have asked the Supreme Judicial Council (SJC) to convene a judicial convention over what they allege is interference by members of the executive, including intelligence agencies, in judicial affairs. The judges have also asked the SJC to guide them on how to deal with such interference. The letter comes days after the Supreme Court’s verdict in the Justice Shaukat Siddiqui case in which the apex court ruled that Justice Siddiqui’s removal from his position was illegal.

The IHC judges have said that Justice Siddiqui’s request to investigate the allegations made by him should be taken and the scope of such investigation be expanded to see if such interference in the administrative functions of the IHC and judicial proceedings continues. Needless to say, the minute the IHC judges’ letter was released, it led to a robust reaction from across the spectrum of observers and stakeholders. The PTI has asked the chief justice to take immediate action in light of the letter. The IHCBA has asked the CJP for a transparent inquiry and legal action against those involved as has the Lahore High Court Bar Association (LHCBA) which has demanded “immediate action" against those personnel involved in "such nefarious activities" and asked they be "punished for undermining and subverting of the constitution and the law”. The Sindh High Court Bar Association (SHCBA) has demanded that a judicial commission comprising three SC judges be formed to “investigate and probe the allegations and take firm steps to stop such interference”.

These are all legitimate reactions and demands. If there is an attempt to influence court decisions, that needs to be investigated and those responsible named. It is important that those carrying out the investigation or inquiry are independent. Faith in the justice system will exist not only if the judiciary itself is above reproach but if everyone believes that its verdicts are reached on the basis of evidence and not through pressure from outside. The preservation of judicial independence is indispensable for Pakistan’s democratic journey and serves as a bulwark against tyranny, ensures accountability, and fosters economic prosperity. Judicial independence is pivotal in curbing the excesses of the executive and legislative branches, ensuring a system of checks and balances that prevents the concentration of power in any single institution. When the judiciary is subject to external influence, the very essence of democracy is eroded. One thing must be kept in mind when going forward with investigating this situation: if an investigation has to be opened, let it then look at all allegations – past and present – of ‘interference’ in judicial matters. This is not the first time to such concerns – though the judges writing a letter shows a break from the past tradition of staying quiet. In this situation, if there is to be some sense of righting wrongs, this would be an opportune time to delve into the past and present of such interventions in the judicial system. Who benefited and how and when? This should not become about one party or the other but about the integrity, safety and independence of the judiciary.