Commission inquiry

Former chief justice of Pakistan Justice (r) Tassaduq Hussain Jillani has a tough task ahead: as head of the newly-approved inquiry commission over allegations by six judges of the Islamabad High Court (IHC), former Justice Jillani will be looking into the recent allegations levelled by the judges in a letter. The commission’s TORs have also been issued. The main task for the commission is to investigate the allegations and see how they hold up to scrutiny and also see whether any official was directly involved in the alleged interference and then also determine what kind of action should be taken once the investigation has figured out the details.

On March 26, six judges of the IHC had in a letter 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. On March 18, Chief Justice of Pakistan Qazi Faez Isa met with Prime Minister Shehbaz Sharif, discussed the situation, and said that such meddling in the judicial workings of judges would not be tolerated.

The task in front of the commission is important – and tough. Judicial independence is a fundamental pillar of democracy and any attempt to undermine judicial independence not only threatens the integrity of the judiciary but also erodes public trust in the justice system. The IHC judges’ letter raises serious questions about the extent of executive influence over the judiciary in Pakistan, including the appointment of judges and the handling of sensitive cases. Such interference, if proven true, would be a grave violation of the principles of judicial independence and the separation of powers. To uphold judicial independence in Pakistan, it is imperative that the government and state institutions respect the autonomy of the judiciary and refrain from any actions that may be perceived as attempts to influence judicial decisions. The judiciary, on its part, must also uphold the highest standards of integrity, transparency, and accountability. For a country that is already struggling with its faith in the justice system, the IHC judges’ letter comes as a further blow to judicial credibility. This is why the matter has to be investigated keeping in mind the utmost transparency. One of the more stringent reactions to the commission has been that ideally, the judiciary should be the one leading the investigation, and not the government. This is why it is now doubly important for civil society to remain vigilant and ensure that the principles of democracy and rule of law are upheld. Such letters in any other country would have shaken the whole system. Dare we hope there is at least some reckoning for interventions in our land as well?