CJP Isa wants judges to be courageous when they interfere in legal matters

As the Supreme Court on Tuesday resumed hearing in a suo motu case related to a letter written by six judges of the Islamabad High Court alleging interference in judicial affairs by the country’s intelligence agencies, Chief Justice of Pakistan Qazi noted Faez Isa, that a judge who tolerates that interference without taking any action should stay home.

The hearing was presided over by a six-member larger bench headed by CJP Isa, comprising Justice Mansoor Ali Shah, Justice Musarrat Hilali, Justice Athar Minallah, Justice Jamal Mandokhail and Justice Naeem Akhtar Afghan.

During the proceedings, the Supreme Court Bar Association submitted its proposals in this regard, stressing that the SCBA would never compromise on the independence of the judiciary.

It suggested that investigations be conducted against those who interfere in legal matters, underscoring the need for a comprehensive code of conduct detailing the responsibilities and protections of judges.

The SCBA proposals noted that the Islamabad High Court had the power to hold the court in contempt and should take action against any interference, noting that the Supreme Court’s failure to act was baffling.

The SCBA also noted that the judges of the Islamabad High Court had referred to events of the past year in their letter.

The SCBA noted with concern the leaking of the judges’ letter to the media, which stated that any judge with a complaint must inform his Chief Justice, and if the Chief Justice of the court concerned does not take action, the Supreme Court of Justice (SJC)) must be informed.

Attorney General for Pakistan (AGP) Masnoor Usman Awan sought time to file a response.

He later stated that he had not yet received a copy of the previous order and had to discuss the matter with the Prime Minister.

To this, the CJP noted that the order still required three signatures. At that time, a copy of the order was given to the judges in the courtroom for signature.

When Justice Mansoor Ali Shah asked the AGP if he needed time, he replied that he needed till tomorrow (Wednesday).

The CJP then asked who would present arguments today.

Lawyers from the Islamabad High Court Bar Association (IHCBA) said they would present arguments.

At this time, Khwaja Ahmed Hussain appeared in court on behalf of Aitzaz Ahsan. But CJP Isa insisted that the court should hear the law associations first.

Hamid Khan, representing the Lahore High Court Bar Association, the Balochistan High Court Bar Association and the Balochistan Bar Council, appeared before the court and requested one hour for the presentation of his arguments.

A disagreement arose between the President and the Additional Secretary of the Bar of the Supreme Court over the selection. The President, Shahzad Shaukat, demanded half an hour for evidence, while the Additional Secretary, Shahbaz Khosa, stated that they had made a separate request in their personal capacity.

The Chief Justice noted that a signed copy of the order must be provided to the Attorney General.

Later, the Attorney General began reading the written order from the previous court proceeding.

Justice Qazi Faez Isa mentioned an additional note written by Justice Athar Minallah, which should also be read. Judge Minallah apologized for his poor handwriting, which was echoed by Judge Musarrat Hilali.

The Chief Justice had a discussion with former MKBA president Abid Zuberi and asked about the time taken to put forward arguments.

Justice Athar Minallah emphasized that the federal government must clarify its position. Reading his supplementary note, the judge highlighted the incidence of interference in judicial affairs in the letter written by the judges of the Islamabad High Court.

In his arguments, Riazat Ali, representing the Pakistan Bar Association, demanded a judicial probe into the meddling allegations to punish the guilty.

In his remarks, Justice Jamal Khan Mandokhail stated that the political parties wanted this interference for their benefit.

Justice Athar Minallah noted that the biggest challenge before the high courts in 2018 was the silence of the apex court on various issues.

He stated that it appeared that the recommendations of the Pakistan Bar Association had not been implemented in view of the response of the high courts.

“We lied and hid the truth for 76 years. Now we must end the fear and speak the truth,” he continued.

At this time, Justice Athar Minallah said to the President of the Supreme Court Bar, “What is the fear of speaking the truth in front of the people?”

Chief Justice Qazi Faez Isa said if a judge cannot do anything, he or she should stay at home. “Such judges should not be judges who do nothing despite seeing interference.”

The chairman of the Supreme Court bar said that if the high courts were silent about interference in the past, they were also complicit.

Judge Athar Minallah noted that not only he but also the government, including the Attorney General, accepted interference.

CJP Isa noted that a bombardment took place on social media.

SCBA President Shahzad Shaukat said that “we have condemned trolling in all our press conferences and an authority has now been formed, but journalists come to me and say that restrictions are being imposed on freedom of expression.”

Justice Athar Minallah said that criticism had been leveled against the Chief Justice and him in 2019, but a judge should work without fear of criticism. “The action of November 3, 2007 was the highest contempt of court, but no one was punished for it. How can you expect a subdistrict court judge to raise his voice against interference?”

Judge Jamal Mandokhail noted that there can be fair criticism on social media, but people should not be misled.

CJP Isa said there is a big difference between criticism and lies. “There was a commissioner here (in Rawalpindi) who lied, and all the media reported about it. The pockets are being emptied because of the disrespect abroad, let’s start speaking the truth and leave the punishment to God.”

Later, Khwaja Ahmed Hassan appeared before the court on behalf of the Islamabad High Court Bar Association and stated that there was interference in the judiciary. He added that there should be a system where judges should stand together when something happens.

Justice Mansoor Ali Shah observed that a system should be created where if anything happens, judges should also stand together. “If judges stand together, nothing can be done,” he added.

Judge Jamal Khan Mandokhail said no one discussed why there was interference. Previously, martial law was imposed, but after martial law was stopped, 58-2B came up.

CJP Isa noted that district judges handling murder cases were also under pressure.

Justice Athar Minallah said that Justice Mansoor Ali Shah was right when he said that most of the corruption was with us.

Elaborating on his arguments, the counsel for the Islamabad High Court Bar Association further said that Pakistan was not the first country where such actions took place, adding: “I have prepared a list of countries where such incidents took place. And this included the United States and several European countries.”

Justice Mandokhail said each judge must personally exercise his power and resist approaches.

He also noted that political parties wanted interference to take place in their favor.

Judge Mandokhail also noted that the court had summoned the Prime Minister so that he could ask questions about the interference as the intelligence agencies were under his control.