ISLAMABAD (Dunya News) – As the Supreme Court on Tuesday resumed the hearing on 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 Faez Isa remarked that a judge who puts up with interference without taking any action should stay home.
The hearing was presided over by a six-member larger bench led by CJP Isa, and 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 on the subject, emphasising that the SCBA would never compromise on the independence of judiciary.
It suggested that investigation be conducted against those meddling in judicial affiars, underscoring the need for a comprehensive code of conduct outlining the responsibilities and protection of judges.
The SCBA proposals noted that the Islamabad High Court had the power of contempt of court and should take action against any interference, observing that the failure to act by the high court was perplexing.
The SCBA also noted that the judges of the Islamabad High Court had referenced events from the past year in their letter.
The SCBA noted with concern the leaking of the judges' letter to the media, stating that any judge with a complaint should inform their chief justice, and if the chief justice of the relevant court did not take action, then the Supreme Judicial Council (SJC) should be notified.
Attorney General for Pakistan (AGP) Mansoor Usman Awan requested time to submit a response.
Later, he stated that he had not yet received a copy of the previous order and needed to discuss the case with the prime minister.
At this, the CJP remarked that the order still needed three signatures on it. At this juncture, a copy of the order was given to the judges in the courtroom for signing.
When Justice Mansoor Ali Shah asked the AGP if he needed time, he replied that he needed until tomorrow (Wednesday).
The CJP, then, asked who would present arguments today.
Lawyers from the Islamabad High Court Bar Association (IHCBA) stated that they would present arguments.
At this juncture, Khwaja Ahmed Hussain appeared in court on behalf of Aitzaz Ahsan. But, CJP Isa insisted the court first hear out the lawyers' organisations.
Appearing before the bench, Hamid Khan, who represented the Lahore High Court Bar Association, the Balochistan High Court Bar Association and the Balochistan Bar Council, requested an hour for presenting his arguments.
A disagreement arose between the president and the additional secretary of the Supreme Court Bar over the roster. The president, Shahzad Shaukat, demanded half an hour for evidence, while the additional secretary, Shahbaz Khosa, stated they had submitted a separate application in their personal capacity.
The chief justice remarked that a signed copy of the order should be provided to the attorney general.
Later, the attorney general began reading the written order of the previous court proceedings.
Justice Qazi Faez Isa mentioned an additional note written by Justice Athar Minallah, which should also be read. Justice Minallah apologised for his poor handwriting, which was echoed by Justice Musarrat Hilali.
The chief justice had a conversation with former SCBA president Abid Zuberi, inquiring about the time needed for presenting arguments.
Justice Athar Minallah emphasised that the federal government should clarify its position. Reading his additional note, the judge highlighted the incidence of interference in judicial affairs in the letter authored by the judges of the Islamabad High Court.
In his arguments, Riazat Ali, who represented the Pakistan Bar Council, demanded a judicial probe into the meddling allegations to punish those guilty.
In his remarks, Justice Jamal Khan Mandokhail stated that the political parties wanted this interference for their benefit.
Justice Athar Minallah remarked that the biggest challenge for the high courts in 2018 was the silence of the apex court on different issues.
He stated that it seemed that the recommendations made by the Pakistan Bar Council had not been implemented in the light of the high courts' response.
“We have lied for 76 years and concealed the truth. Now, we should end the fear and speak the truth,” he went on to say.
At this juncture, 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 could not do anything, they should stay at home. “Such judges should not be judges who do nothing despite seeing interference.”
The president of the Supreme Court Bar said if the high courts remained silent on interference in the past, they were also complicit.
Justice Athar Minallah remarked that not only him, but also the government, including the attorney general, was accepting interference.
CJP Isa noted that there was a bombardment on social media.
SCBA President Shahzad Shaukat mentioned that “we condemned trolling during all our press conferences and now an authority has been formed, but journalists come to me and say that restrictions are being imposed on freedom of expression.”
Justice Athar Minallah said that in 2019, criticism was initiated against the chief justice and him, but a judge should work without fear of criticism. “The action of November 3, 2007, was the biggest contempt of court, but no one was punished for it. How can you expect a district judge to raise his voice against interference?”
Justice Jamal Mandokhail remarked that there should be fair criticism on social media, but people should not be misled.
CJP Isa said there was a big difference between criticism and lies. “There was a commissioner here [in Rawalpindi] who lied, and all media ran it. Pockets are emptied on disrespect in foreign countries, let's start speaking the truth, leave punishment to God.”
Later, Khwaja Ahmed Hassan appeared in court on behalf of the Islamabad High Court Bar Association, stating that there was interference in the judiciary. He added that there should be a system where if something happened, judges should stand together.
Justice Mansoor Ali Shah remarked that a system should be created where if something happens, like lawyers standing together, judges should also stand together. “When judges stand together, nothing can be done,” he added.
Justice Jamal Khan Mandokhail said that no one was discussing why interference happened. Previously, martial laws were imposed, but after martial laws stopped, 58-2B came up.
CJP Isa commented that the district judges who heard murder cases were also under pressure.
Justice Athar Minallah said Justice Mansoor Ali Shah was right to say that most of the corruption was within us.
Moving forward with his arguments, the counsel for the Islamabad High Court Bar Association further said Pakistan was not the first country where such actions took place, adding that “I have prepared a list of countries where such incidents occurred. And these included the United States and various European countries.”
Justice Mandokhail said that personally every judge should empower themselves and they should resist approaches.
He also observed that political parties wanted that interference should be done to benefit them.
Justice Mandokhail also observed that the court had summoned the prime minister so that he could question about the interference since the intelligence agencies were under his control.