CJ eschews the full hearing based on the judge’s letter

ISLAMABAD:

Despite hints at constituting a full court to hear suo motu notices regarding alleged interference by the country’s security apparatus in judicial matters, a three-judge committee constituted under the Supreme Court Practice and Procedure Act 2023, a six-member larger bench formed to hear the matter.

The surprise letter from six judges of the Islamabad High Court to the Supreme Judicial Council (SJC) had triggered a flurry of activity.

The March 25 letter, signed by Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, Arbab Muhammad Tahir and Saman Rafat Imtiaz of the IHC, was addressed to the Chief Justice of Pakistan, Justices Mansoor Ali Shah and Munib from SC. Akhtar, as well as the Chief Justices of the IHC and the Peshawar High Court.

The Supreme Court on Thursday released its docket under which a new six-member larger bench, headed by CJP Qazi Faez Isa, would on April 30 hear the suo motu case of the six IHC judges who wrote a letter to the Supreme Council of Justice would write. (SJC) alleging that the country’s intelligence services interfered with their trial.

The other judges on the new bench include the same Justices Syed Mansoor Ali Shah, Jamal Khan Mandokhail, Athar Minallah, Musarrat Hilali and Naeem Akhtar Afghan, with Justice Yahya Afridi being the only exception.

Earlier on April 3, a seven-member larger bench led by the CJP had taken up the case. However, Judge Yahya Afridi later abstained from hearing the case.

The remaining six judges – CJ Isa, Justice Syed Mansoor Ali Shah, Justice Jamal Khan Mandokhail, Justice Athar Minallah, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan – are part of this bench. A copy of the court schedule is available from The Express Tribune.

The list has been prepared on the orders of the committee constituted under Section 2(1) of the SC Practice and Procedure Act.

As per law, the committee consists of three judges namely CJP Isa, Justice Syed Mansoor Ali Shah and Justice Munib Akhtar.

Interestingly, the court schedule was issued from Karachi with the signature of SC registrar Jazeela Aslam.

It is unclear whether the committee made the decision on the formation of the larger bank unanimously or by majority.

When the case was heard on April 3, the docket noted that all available judges were part of the larger bench.

Even during the first and only hearing of the case, CJP Isa hinted that the full court could be formed. Interestingly, Justice Minallah referred to the full court several times in his separate note.

Lawyers, who support the position of the six IHC judges, have expressed disappointment at the lack of a full court and urged the committee members to reconsider their decision.

It will be interesting to see if the bank will defuse the case and provide guidance going forward.

The CJP has made it clear that he has not received any complaint of executive interference during his tenure.

On the other hand, PTI leaders have complained of manipulation of legal proceedings in cases related to them, especially when it comes to party founder Imran Khan.

Moreover, the PTI chief has already expressed distrust towards IHC Chief Justice Aamer Farooq.

In a repeat of history, PML-N leaders Nawaz Sharif and Maryam Nawaz were convicted just before the 2018 general elections, while Imran Khan was convicted before the 2024 general elections.

Similar to the conviction of Nawaz Sharif and Maryam Nawaz in the Panama cases, concerns were raised over the manner in which Imran was convicted in three cases during trials held in Adiala prison before the elections. There are serious questions about the failure to follow due process during his trials.

The superior judiciary led by CJ Isa has failed to end the perception of sentencing a political leader whose relations with the powerful circles are strained. That was what happened during the Panamagate scandal and the same is happening now with Imran Khan.

All eyes are on the larger bench: how it will protect the six IHC judges from any form of harassment in the future. The Chief Justice himself has become a victim of a witch hunt after his ruling in the Faizabad Dharna case. There are reports that a department within the government is considering a judicial reform package through a constitutional amendment.

The outcome of each major case will be assessed through the lens of the proposed judicial reforms.