SC moved to form inquiry commission on IHC judges’ letter

ISLAMABAD: The Supreme Court was requested on Monday to form an Inquiry Commission comprising three of its judges for probing the contents and context of a letter of six sitting judges of the Islamabad High Court (IHC), alleging the interference of intelligence agencies in judicial affairs and surveillance of judges residences.

Advocate Khudayar Khan Mohla, ex-President of Press Association of Supreme Court (PAS), moved the top court jurisdiction under Article 184(3) of the Constitution, making the federal government through the prime minister, Cabinet Division, Ministry of Law and Justice and Ministry of Interior as respondents. Filed through advocate G M Chaudhry, the petitioner prayed the apex court to constitute an inquiry commission consisting of at least three judges of the apex court to thoroughly inquire and investigate the matter and contents of the letter of March 25, 2024, written by six IHC judges to fix responsibility of persons in their official status who had indulged in interfering in judicial working of the judges to close backdoor of interference by any executive authority or intelligence agency, etc., in the interest of justice and independence of the judiciary.

A six-member larger bench of the apex court headed by Chief Justice Qazi Faez Isa would take up today (Tuesday) the suo motu case on the IHC judges letter. Other members of the bench are Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mandokhail, Justice Athar Minallah, Justice Musarat Hilali and Justice Naeem Akhtar Afghan.

Petitioner Khudyar Khan further prayed to the apex court to direct the respondents to enact a law defining and prescribing powers, functions and duties etc. of officials and officers of the intelligence agencies within a stipulated timeframe. Similarly, the petitioner prayed the court to issue directions to the respondents to get enactment of a law under Article 212(1)(b) of the Constitution regarding tortious acts or illegal omissions etc. for their punishments and compensations etc. to the aggrieved citizens of Pakistan, which is also pointed out in judgment reported as Supreme Court Bar Association of Pakistan and Others v Federation of Pakistan and others.

The petitioner questioned as to whether interference, direct or indirect, of any sort in the judicial work of a judge would not undermine the independence of judiciary. The petitioner submitted that everyone is equal before the law so there is dire need for fixing responsibility of any wrong doer official under constitutional provisions of law.

Meanwhile, Sindh High Court Bar Association (SHCBA) through its President Rehan Aziz Malik also filed a petition in the apex court under Article 184(3) of the Constitution, making the Federation through the Cabinet Division, Ministry of Law and Justice and Ministry of Defence secretaries as respondents. The SHCBA prayed the apex court to exercise powers under Article 184(3) of the Constitution read with Article 190 of the Constitution and directly inquire into the matters raised by the IHC judges.

It further prayed that all high courts be directed to hold Full Court meetings and ascertain whether any judge(s) of the respective courts have similar complaints and to report the same to the apex court, and to pass orders and directions to safeguard the independence of judiciary.

It was further prayed that high courts be directed to frame appropriate rules and guidelines on the administrative side detailing how any complaints of external interference in judicial or court-related functions are to be reported and how they are to be redressed.

The SHCBA also prayed the apex court to direct the federal government to devise appropriate mechanisms for effective scrutiny and oversight over the functioning of intelligence agencies to ensure they do not transgress their lawful domain and ensure that agencies are duly regulated through requisite legislation.

It was further prayed to declare that the notification issued by the government under the Commissions of Inquiry Act 2017 in relation to the judges letter as being unconstitutional, violative of the principle of separation of powers, void ab-initio and set-aside the same.

It further prayed the apex court to declare that it is imperative for all state institutions to refrain from overstepping their rightful boundaries and that they must consistently operate and abide by the legal framework and the principles enshrined in the Constitution.