ISLAMABAD: The Pakistan Bar Council — the premier regulatory body of lawyers — on Friday demanded a judicial commission comprising sitting Supreme Court judges to look into complaints about the alleged meddling of intelligence agencies in judicial affairs.
In its 242nd meeting held here at the SC building, the PBC stated that the formation of a judicial commission was necessary for an impartial investigation, devoid of any external interference, which was crucial to find the truth.
The demand came on a day when former Supreme Court Bar Association (SCBA) president Abid Shahid Zuberi also approached the apex court to become a party in the suo motu proceedings on the issue.
The PBC at its meeting, which was presided over by council’s vice chairman Riazat Ali Sahar, also took notice of the demand for the resignation of Chief Justice of Pakistan Qazi Faez Isa and IHC Chief Justice Aamer Farooq and condemned the social media campaign against them.
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In a resolution adopted at the meeting, the PBC stated that the trolling was uncalled for, as such demand amounted to strengthening the hands of those who wanted divisions in the judiciary. Calling for their resignation would not only undermine the judiciary but also fail to resolve the existing issues, the PBC stated, adding that it would rather worsen the situation.
The meeting discussed in detail the issue of alleged interference by the intelligence agencies in judicial affairs in the wake of the March 25 letter written by six IHC judges to the Supreme Judicial Council (SJC).
While the government constituted a one-man commission comprising retired Justice Tassaduq Jillani to probe the allegations, he recused himself from it. Subsequently, a seven-judge SC bench took suo motu notice of the case. At its hearing, the CJP hinted at establishing a full court bench to proceed with the matter.
In its resolution, the PBC urged the SC to decide the present suo motu case as expeditiously as possible. It stated the judges held highest esteem in the nation, carrying significant responsibility of adjudicating cases and meticulously deliberating allegations before reaching verdicts.
According to the resolution, judges epitomise legal system’s foundation, embodying independence and impartiality, free from political or external pressures to administer justice untainted by extraneous moral, internal or external influences. When judges express concern through a written letter, it is a moment of great significance and concern to independent working of judicial system of Pakistan, the PBC pointed out.
To safeguard law, constitution and fundamental rights of citizens, a comprehensive investigation into the allegations was “not only justified but necessary”, the council asserted.
The PBC feared that the fact that judges raised the issue implied they had been “cornered” by the agencies, leading them to cry for assistance from the highest legal forum in hierarchy of judicial system.
On the other hand, former SCBA president Zuberi filed a petition to become a party in the case, urging the SC to direct the SJC to prescribe guidelines to be observed by judges during instances of blackmail, coercion and harassment in future.
The ex-president of the SCBA also asked the SC to also pass a restraining order requiring the executive, including intelligence agencies, from interfering in the functions of the judiciary.
The SC was further requested to issue an order for the prosecution of the members of the executive responsible for such interference to hold them accountable.
The petitioner demanded that the court ensure that strict notice be taken, at an institutional level, of the concerns raised by the six IHC judges and fix responsibility for alleged interference in the affairs of the judiciary across all levels including lower and superior judiciary.
Published in Dawn, April 6th, 2024