ISLAMABAD: An Islamabad High Court judge on Wednesday broke his silence on alleged interference in judicial affairs by secret agencies and warned that this might lead to a “big loss”.

Justice Shaukat Aziz Siddiqui, who is senior puisne judge of the high court, made the observation during the hearing of a case of a missing person who had allegedly been picked up by an intelligence agency.

In the order sheet issued in the case, Justice Siddiqui not only censured the Islamabad police for their failure to protect citizens but also criticised spy agencies, especially the Inter-Services Intelligence (ISI).

The judge observed that “police are in league with the mighty agencies which have disrupted the civic fibre of the country by establishing state over state of Pakistan” and warned that this was leading to what he called “disastrous situation”.

Justice Siddiqui says even benches are constituted on direction of such elements

“I must observe that persons at the helm of affairs of all the institutions need to protect hard-earned independence and take remedial steps to stop the invasion by personnel of a particular institution and intelligence agencies,” the order noted.

Justice Siddiqui wrote: “Everyone knows that how proceedings are manipulated, from where strings are pulled and when power wielded and manoeuvred to achieve the desired results.

“It is matter of great concern that even benches are constituted and cases are marked to different benches on the direction of such elements.”

Despite being senior puisne judge in the IHC, Justice Siddiqui was not included in a two-member bench hearing appeals filed by former premier Nawaz Sharif, his daughter and son-in-law against their conviction in the Avenfield properties reference. The bench comprising junior judges deferred the hearing till after the elections.

The order sheet read: “It is the time to save the institution of the judiciary from all kind of influences, otherwise we may not be able to answer Allah Almighty.

“To remain like a silent spectator is against the oath made by every judge, provided by the Constitution and in case of failure the Pakistani nation and history will not remember the judges in good names.”

With regard to a rise in cases relating to enforced disappearances, Justice Siddi­qui observed: “These are very sorry state of affairs and present a gloomy situation which is challenging to the state of Pakis­tan; the police appeared to be helpless and not in a position to divulge the truth, obviously due to the fear of secret forces.

“Abduction of citizens, advocates and other persons from different walks of life has become a routine in the Islamabad Capital Territory (ICT), but instead of performing its statutory duty, local police came up with a stereotype stance that persons might have disappeared at their own.”

Such statements were made in the cases in which allegations were levelled against the ISI, the order noted.

According to the order sheet, the agencies being part of the state of Pakistan need to realise that they have to confine themselves within the limits of the Constitution. They must stop interfering in the affairs of other departments which have nothing to do with the country’s defence.

‘Missing person’ case

Earlier, Islamabad police produced Rabnawaz who had allegedly been picked up by unidentified persons. He told the court that he “went to Vehari on his own”.

However, his brother Iftikhar Raja said that Rabnawaz was telling a lie, as he had been abducted by the people of spy agencies and subjected to physical and mental torture. He said it was in his knowledge that his brother had been harassed and threatened with dire consequences if he recorded any statement contrary to what had been directed by the abductors.

Justice Siddiqui observed: “It is expected from the top echelon of army that by appreciating the delicacy, sensitivity and alarming situation, some remedial steps be taken to stop their agencies from interfering into the affairs of other departments and to refrain from assuming the role not assigned [to them] by law. Otherwise, these practices shall ruffle the people of Pakistan, which by no stretch of imagination is good for the prestigious institution of the Pakistan Army as well as the Islamic Republic of Pakistan.”

Published in Dawn, July 19th, 2018

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