- Says under no circumstances can independence of judiciary be allowed to be compromised
- Law Minister says govt decides to place ‘judges’ letter’ before cabinet meeting tomorrow
ISLAMABAD: Amid the controversy cropped up after a letter written by six judges against the purported ‘interference,’ Chief Justice of Pakistan (CJP) Qazi Faez Isa on Thursday reiterated the sanctity of the judiciary, declaring that under no circumstances the autonomy of judges and supremacy of judiciary would be compromised.
His remarks came during a crucial meeting with Prime Minister Shehbaz Sharif at the Supreme Court earlier on Thursday.
On the other hand, addressing a presser after the PM met the Chief Justice of Pakistan on Thursday, Law Minister Azam Nazeer Tarar said that the federal government would place a letter from six judges of the Islamabad High Court (IHC) alleging interference in judicial affairs by the country’s intelligence apparatus for consideration before the federal cabinet to constitute an inquiry commission.
The meeting between the CJP and the prime minister, was convened in the wake of revelations by six judges of the Islamabad High Court (IHC) regarding alleged interference by intelligence agencies in judicial proceedings.
Federal Minister for Law Azam Nazeer Tarar and Attorney General for Pakistan (AGP) Mansoor Usman Awan were also in attendance alongside with Justice Mansoor Ali Shah of the Supreme Court.
A couple of days ago, the six judges penned an open letter to the Supreme Judicial Council, detailing coercive tactics employed by intelligence agencies to influence court proceedings.
Responding swiftly to the gravity of the situation, CJP Qazi Faez Isa called for a series of high-level consultations, culminating in today’s meeting with the prime minister.
A subsequent press release from the apex court outlined the meticulous deliberations undertaken in response to the IHC judges’ letter.
During the meeting, CJP Isa emphasised the pivotal role of an independent judiciary in upholding the rule of law and fortifying democracy. He unequivocally stated that any executive interference in the affairs and workings of judges would not be tolerated, highlighting the indispensable nature of judicial autonomy.
In a significant development, a proposal was tabled to constitute an inquiry commission under the Pakistan Commissions of Inquiry Act, 2017, to delve into the allegations of interference.
The commission, to be headed by a retired Judge of unblemished integrity, aims to unravel the complexities surrounding the issue and safeguard judicial independence.
Prime Minister Shehbaz Sharif, in response, pledged his full support for the initiative, vowing to convene a meeting of the federal cabinet to seek approval for the commission’s formation. He echoed the sentiments expressed by CJP Isa, affirming his commitment to upholding an independent judiciary and undertaking necessary measures to safeguard its autonomy.
Following the meeting, CJP Isa reconvened a full court meeting to apprise the judges of the developments. The swift and decisive actions taken by the judiciary and the executive have underscored the seriousness with which the issue of judicial independence is being addressed.
In the aftermath of the revelations, bar associations across the country rallied behind the judges, sounding the alarm over the perceived threat to judicial independence. The collective response reflects a unified front in defence of the judiciary’s autonomy amidst a charged political climate, where recent court rulings have come under intense scrutiny.
‘Govt decides to place judges’ letter before federal cabinet’
Addressing the media, Law Minister Azam Nazeer Tarar said that foremostly, there was a need to investigate the matter, adding it was decided that the government would place the judges’ letter before Friday’s federal cabinet session and the prime minister would strive for a neutral, non-partisan and retired legal personality to be requested to head an inquiry commission and submit a report after investigating in accordance with the law.
He added that the premier also reassured that it was the government’s duty to ensure an investigation into the matter and that such allegations, if they were true, did not reoccur in the future.
“The prime minister point-blank said there will be no compromise on the independence of the judiciary.”
The minister explained that he and the AGP would work on the initial terms of reference for the inquiry commission, adding that they would include a probe for not only the current controversy but also past events as far as the law or cabinet allowed.
He further said that it was inappropriate to mention the names initially under consideration to head the commission since the cabinet had the authority over the matter. Tarar said the body would be notified in two to four days after Friday’s cabinet session.
The law minister said that CJP Isa had also agreed to the formation of an inquiry commission. He explained that there was already a mechanism present to investigate such matters which the federal government carried out and thus it was better for a commission to investigate it instead of a suo motu notice.
On a question about whether the letter amounted to misconduct from the judges, Tarar said the answer to this should come from the commission.
Tarar said the letter from the six IHC judges mentioned events “from the last year [and] with a regime which is no longer in the judicial corridors”, adding that most of the allegations in the letter concerned the “tenure of the former chief justice of Pakistan”.
He said CJP Isa had expressed a wish for the prime minister to have a talk with him on the matter and the latter had readily agreed to prioritise the issue over all others due to the seriousness of the development.
Tarar said the meeting’s participants discussed the matter, as well as other important national affairs such as tax-related issues and fiscal matters.
“There was a discussion on different aspects of the matter [at hand] considering its seriousness and it was also discussed that this has not happened for the first time and such voices have been raised before in history as well,” the minister said, referring to the case of former IHC judge Shaukat Aziz Siddiqui.
The law minister said that PM Shehbaz also reassured that Pakistan was a constitutional organism in which all institutions performed their roles while remaining within their domains.
“The premier reassured the chief justice and his judges that institutional interference should never happen and the government’s obligations in this regard will be fulfilled.”
Tarar said PM Shehbaz also expressed his expectation that the institutions would not transgress their constitutional boundaries and domains.
PM-CJP meeting far from ordinary
Legal experts highlighted that the meeting was far from ordinary, and differed significantly from a past interaction between former prime minister Shahid Khaqan Abbasi and former CJP Saqib Nisar when the two were in office. PTI founder Imran Khan as the prime minister and Nisar had also met, albeit in the run-up to a population control symposium in 2018.
After the meeting, CJP Isa summoned a second full court meeting in as many days.
The developments come a day after the apex court held a full court meeting to take stock of allegations levelled by six IHC judges — out of a total strength of eight — against interference in judicial affairs by the country’s intelligence apparatus.
An informed source told Dawn that yesterday’s sitting considered initiating suo motu proceedings under Article 184(3) of the Constitution in light of the letter, but no final decision was taken in this regard. AGP Awan also met CJP Isa on Wednesday and in an interaction with the media, described the situation as “very alarming”, which needed a thorough probe.
