The Supreme Court has resumed hearing a case pertaining to allegations made by six Islamabad High Court (IHC) judges regarding interference by the country’s security apparatus in judicial matters.
A six-member bench — headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa and including Justices Syed Mansoor Ali Shah, Jamal Khan Mandokhail, Athar Minallah, Musarrat Hilali and Naeem Akhtar Afghan — is presiding over the proceedings that are being streamed live on the SC’s website and its YouTube channel.
In late March, it emerged that six IHC judges — out of a total strength of eight — wrote a startling letter to the Supreme Judicial Council (SJC) members, regarding attempts to pressure judges through the abduction and torture of their relatives as well as secret surveillance inside their homes.
The letter was signed by judges Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, Arbab Muhammad Tahir and Saman Rafat Imtiaz.
A day later, calls had emerged from various quarters for a probe into the investigation, amid which CJP Isa summoned a full court meeting of the SC judges.
In a meeting, Prime Minister Shehbaz Sharif and CJP Isa had decided to form an inquiry commission, which was later approved by the federal cabinet.
However, ex-CJP Tassaduq Hussain Jillani — tasked to head the one-man inquiry commission — recused himself from the role, urging Justice Isa to “resolve the issues raised in the letter at the institutional level”. At the same time, the top court took suo motu notice of the matter.
Justice Yahya Afridi, who was among the seven-member bench that presided over the last hearing, had recused himself from the case, which was initiated at a suo motu. At the previous hearing, CJP Isa had asserted that “any attack” on the judiciary’s independence would not be tolerated while hinting at forming a full court to hear the case.
Besides the suo motu, the SC has also taken up more than 10 petitions and applications seeking its intervention, which were filed by various bar associations and had been clubbed together.
Contents of letter by IHC judges
Dated March 25, the letter was signed by IHC Justices Mohsin Akhtar Kayani, Tariq Mehmood Jahangiri, Babar Sattar, Sardar Ejaz Ishaq Khan, Arbab Muhammad Tahir and Saman Rafat Imtiaz.
It mentioned seven instances of alleged interference and intimidation “to influence the outcome of cases of interest” by the intelligence officials, pointing out that when two out of three judges in the bench hearing the plea to disqualify PTI leader Imran Khan for concealing his alleged daughter opined that the case was not maintainable, they were pressured by “operatives of the ISI” through friends and relatives.
The situation got so stressful that one of the judges had to be admitted to hospital due to high blood pressure, the letter said.
According to the six judges, the matter was brought to the notice of the IHC chief justice and the then-CJP. The former informed the judges that he had “spoken to the DG-C of ISI and had been assured that no official from ISI will approach the judges of the IHC”.
The letter complained that “interference on the part of intelligence operatives” continued even after IHC CJ’s assurance.
It also referred to the abduction of an IHC judge’s brother-in-law by armed men who claimed to be ISI operatives. The victim was “administered electric shocks” and “forced to record a video” making false allegations, apparently against the judge.
“Subsequently, a complaint was filed against the judge of IHC before the SJC, accompanied by an orchestrated media campaign to bring pressure to bear upon the judge to resign.”
The letter revealed that in May 2023, an IHC inspection judge reported to the chief justice that district court judges were being intimidated and crackers were thrown into the house of one additional district and sessions judge.
The judge was even called to the IHC to verify the claims which he confirmed. But instead of probing the allegations, the judge “was made officer on special duty and transferred to IHC, before being sent back to Punjab as he was a judicial officer on deputation”.
The letter said that last year, during routine maintenance, an IHC judge found that his official residence had been bugged with spy cameras concealed in his drawing room and bedroom.
When data from surveillance equipment was recovered, it showed that “private videos of the judge and his family members” were stored. “The matter was brought to the attention of the IHC chief justice. There has been no determination of who installed the equipment and who is to be held accountable,” the letter added.
Along with their letter to the SJC, the six judges also attached copies of letters written to Justice Farooq on May 10, 2023 and Feb 12, 2024.
The letters mentioned, among other complaints, efforts of Inter-Services Intelligence (ISI) personnel to pressurise IHC judges and probe into the tax records of at least one judge “to seek a certain outcome”.
They added that it was imperative to determine whether there was a “policy on the part of the executive … implemented by intelligence operatives” to intimidate judges.
“[The] allegations of interference by operatives of ISI have been dealt with and relief has been granted to a former judge of IHC who was wronged. We believe that while such action was necessary, it may not be sufficient,” the letter said about Justice Siddiqui’s case.
The judges noted that the SJC’s code of conduct for judges did not outline the response to such incidents “that are tantamount to intimidation and interfere with judicial independence”.
They called for a judicial convention to discuss the interference of intelligence officials “that undermines independence of the judiciary”.
The consultation would help the Supreme Court to determine a course of action that judges could take “when they find themselves at the receiving end”, the letter said.
More to follow
