IHC judges' case: CJP Faez Isa says judiciary will not yield to any pressure
Pakistan
Hearing of the case put off till April 29
- Aitzaz Ahsan, LHCBA file petitions to be part of proceedings
- Retired Tassaduq Jillani-led commission has already withdrawn from the case
ISLAMABAD (Dunya News) - A seven-judge larger bench of the Supreme Court of Pakistan, headed by Chief Justice Qazi Faez Isa, on Wednesday heard the suo moto case of six IHC judges' letter alleging meddling in judicial affairs.
Justice Mansoor Ali Shah, Justice Yahya Afridi, Justice Athar Minallah, Justice Musarrat Hilali, Justice Jamal Khan Mandokhail and Justice Naeem Akhtar Afghan are also part of the bench.
It is Chief Justice of Pakistan Qazi Faez Isa's first suo moto case which was telecast live.
FIRST DAY'S HEARING
As the hearing started, the Chief Justice of Pakistan remarked that judges must not take any decision under duress. "Every institution should work within its constitutional limits. The meeting with prime minister was an administrative sitting," he said.
The CJP asked how should court start hearing ? "Read the press release first," he said.
The chief justice, while addressing Advocate Hamid Khan, asked if he had filed any petition and, if yes, he should tell the committee. Hamid Khan said they had filed a petition through the Lahore High Court Bar Association which is the biggest Bar of the country.
'GONE ARE THE DAYS WHEN THE CHIEF JUSTICE DID WHAT HE WANTED'
The Chief Justice of Pakistan said who knew the law better than Hamid Khan. "Gone are the days when a chief justice did what he wanted. Now there is a three-member committee that decides the cases. Neither the committee should use authority of the court nor should the court exercise authority of the committee," the CJP stressed.
'A LAWYER WHO TALKS ABOUT TAKING SUO MOTO TO CJP SHOULD QUIT PRACTICING LAW'
CJP Isa remarked that petitions were published in newspapers before they were filed. "Is it a pressure tactic? I don't take anyone's pressure. something new has started.
Lawyers are asking me to take suo moto by myself," he said and added, "A lawyer who talks about taking suo moto to the CJP should leave the practice."
Justice Isa said the committee should not interfere with the work of the court and the court should not interfere with the work of the committee.
"Nowadays we are bringing back the era of Goebbels' propaganda! (Joseph Goebbels was Hitler's Minister of Propaganda)," the CJP observed.
Justice Isa remarked that democracy taught onself to accept victory of the opponent. He said he did not use to meet lawyers in individual capacity but as a representative of the Bar.
Justice Isa then called Supreme Court Bar Association President Shehzad Shaukat to the rostrum.
'ZERO TOLERANCE ON INDEPENDENCE OF JUDICIARY, NOW WE WILL GO STRAIGHT'
Justice Qazi Faez remarked that there would be no compromise on the independence of the court. "Now we will go straight," he said.
"No full court meeting was held in the last four years, where were all the lawyers? I am not pointing fingers at anyone, but I am just telling you if the judiciary is attacked, all my colleagues will stand by me," Justice Isa said.
'IN CASE OF ATTACK ON JUDICIARY, ME AND MY COLLEAGUES WILL BE THE FIRST TO STAND UP'
The chief justice observed, "If there will be any attack on independence of the judiciary, me and my colleagues will stand up first. We do not like interference in judiciary's work. We will not yield to any pressure."
The attorney general said the federal government had not taken any initiative for the inquiry. The Supreme Court had suggested two names – Nasirul Mulk and Tassaduq Jillani. Law Minister Azam Nazeer Tarar met Jillani in Lahore and told him that his name was recommended.
CJP Isa said, "We suggested the names of upright persons and it was hard to raise finger on their nomination. What is happening on social media is weird. I feel ashamed over what is happening in a civilised society. I don't know where we are heading to. Jillani was a gentleman, he refused."
The chief justice adjourned hearing of the case till April 29. He said the case would be heard on a day-to-day basis from April 29. He also said a full court might be constituted for the case next time.
Meanwhile, in a related development, Barrister Aitzaz Ahsan and the Lahore High Court Bar Association (LHCBA) have filed similar petitions to join proceedings.
BACKGROUND
The apex court under Article 184(3) of the Constitution has extraordinary power to assume jurisdiction over any “question of public importance with reference to the enforcement of any fundamental rights.”
Under this article, it can summon any person, government officials or document or record from any government department. The SC may assert jurisdiction either on the basis of a petition filed in the court by any party, or on its own motion referred to as a suo moto notice.
Earlier, a three-member committee comprising the chief justice and the two senior most judges Justice Shah and Justice Munib Akhtar decided in favour of taking suo moto notice. After the legislation introduced by the PDM-led coalition government, the formation of benches and subjects like suo moto notice are decided by this institutional panel.
Interesting developments come as the federal cabinet last week approved the formation of an inquiry commission, headed by retired Chief Justice Tassaduq Hussain Jillani – a respected jurist known for his independent views.
PM-CJP MEETING
Prime Minister Shehbaz Sharif – accompanied by Law Minister Azam Nazeer Tarar and Attorney General Mansoor Usman Awan – had met Chief Justice Isa in the past week where Justice Shah and Supreme Court Registrar Jazeela Aslam assisted the country’s top judge.
During the meeting, the two sides agreed to form a commission to investigate the concerns of interference in judicial affairs under the Pakistan Commissions of Inquiry Act, 2017, which was followed by the announcement that retired Justice Jillani would conduct the investigation.
However, the decision was criticised by some circles, especially the PTI, arguing that the chief justice shouldn’t have met the prime minister and that the apex court must lead the probe by taking a suo moto notice, as, according to them, the government being the accused party should not lead the process.
LAWYERS HAIL COMMISSION DECISION
But the top representative bodies of lawyers at the national and provincial level had welcomed the formation of inquiry commission, expressed their complete trust in retired Justice Jillani and rejected the demand made by those associated with the PTI, which called for the resignation of Chief Justice Isa and IHC Chief Justice Aamer Farooq.
The six IHC judges had said in the letter addressed to the Supreme Judicial Council that “it is imperative to inquire into and determine whether there exists a continuing policy on part of the executive branch of the state, implemented by intelligence operatives who report to the executive branch, to intimidate judges, under threat of coercion or blackmail, to engineer judicial outcomes in politically consequential matters.”
Justice Mohsin Akhtar Kayani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir and Justice Saman Rafat Imtiaz had signed this controversial letter.
Meanwhile, Jillani in his letter addressed to the prime minister thanked him as well as the chief justice and Justice Shah for expressing their confidence and assigning the task. He, however, noted that the matter was related to the Supreme Judicial Council, which should look into that.
