Islamabad (Web Desk): The government has decided to constitute a commission to probe the into allegations levelled by Islamabad High Court (IHC) judges accusing the intelligence agencies of interfering in judicial affairs.
Federal Law Minister Azam Nazeer Tarar said this after a high-level meeting of Prime Minister Shehbaz Sharif with Chief Justice of Pakistan (CJP) Qazi Faez Isa on Thursday.
Addressing a press conference along with Attorney General of Pakistan (AGP) Mansoor Awan, Azam Nazeer Tarar said that the federal government has responsibility to investigate the matter under supervision of an impartial judicial personality, which may be a retired judge with good reputation, under the Commission of Inquiry Act.
The law minister also announced that a decision in principle has been made to constitute a commission, and PM Shehbaz will take up the matter during the federal cabinet meeting on Friday.
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 said.
Tarar added 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.
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 Wednesday, the SC held a full-court meeting to discuss the contents of the IHC judges’ letter written to the Supreme Judicial Council (SJC).
The meeting of the top court judges headed by the CJP lasted for over two hours in the federal capital.
In a letter written on Tuesday, addressed to SJC members — Chief Justice of Pakistan (CJP) Qazi Faez Isa, Supreme Court Justices Mansoor Ali Shah and Munib Akhtar and IHC CJ Aamer Farooq and Peshawar High Court CJ Mohammad Ibrahim Khan — also questioned if there existed a state policy to “intimidate” and coerce judges.
Six out of the eight IHC judges accused intelligence agencies of meddling in the judicial matters.
The six judges, including Justice Mohsin Akhtar Kiyani, Justice Tariq Mehmood Jahangiri, Justice Babar Sattar, Justice Sardar Ejaz Ishaq Khan, Justice Arbab Muhammad Tahir and Justice Saman Rafat Imtiaz, also supported the demand of the former IHC judge, Shaukat Aziz Siddiqui, for a probe into the allegations of interference.
"We, therefore, request that a judicial convention be called to consider the matter of interference of intelligence operatives with judicial functions and/or intimidation of judges in a manner that undermines the independence of the judiciary.”
The open letter, a copy which had been sent to all SC judges, noted that such a convention might provide further information as to whether judges of other high courts have had experiences similar.
“Such institutional consultation might then assist the Supreme Court to consider how best to protect independence of the judiciary, put in place a mechanism to affix liability for those who undermine such independence and clarify for the benefit of individual judges the course of action they must take when they find themselves at the receiving end of interference and/or intimidation by members of the executive.”
In their letter to the SJC, the IHC judges underscored the absence of clear guidelines within the council's prescribed code of conduct for judges regarding the appropriate response to incidents that encroach upon judicial independence.
Meanwhile, Bar associations of Sindh, Lahore, Islamabad and Khyber Pakhtunkhwa (KP) as well as senior lawyers condemned the alleged interference, urging the top judge to look into the matter.
Moreover, a petition had also been filed in the SC, seeking an open court investigation of a letter.
In his petition, Mian Dawood Advocate requested the apex court to form an empowered commission and conduct a probe.